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Full text of "Code of laws of South Carolina 1952, Annotated"

The 

University of South Carolina 




Coleman Karesh 
Lawlibiaiy 



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OCT 2 2 zm 
'^W UBRARy 



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in 2011 with funding from 

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CODE OF LAWS 

OF 

SOUTH CAROLINA 
1952 



1960 Cumulative Supplement 



ANNOTATED 



Prepared under the supervision and direction of the 
Code Commissioner and the Committee on Statutory 
Laws of the General Assembly of South Carolina 

COMMITTEE ON STATUTORY LAWS 
Senators Representatives 

James B. Morrison, Chairman John D. Lee, Jr. 

John A. Martin Robert E. McNair 

P. Bradley Morrah, Jr. John C. Pracht, Jr. 

CODE COMMISSIONER 

Lewie Griffith Merritt 



IN EIGHT VOLUMES 

Volume 7 



CONSTITUTIONS — COURT RULES — RULES AND REGULATIONS 



Place in Pocket of Volume 7 of Main Set 

FURMAN R. GRESSETTE 
St. Matthews, S. C. 

THE R. L. BRYAN COMPANY 

Columbia, S. C. 

1960 



Copyright 1960 

BY 

The State op South Carouna 



NOTICE 

This pocket supplement is not official. At the direction 
of the Committee on Statutory Laws the Acts as enacted 
have been edited in various particulars to conform them 
to the style and arrangement of the Code of 1952 and to 
make them more readily usable by the practitioner for 
ordinary work. For further details see the Forew^ord in 
the Pocket Supplement to Volume 1. 



Code of Laws of South Carolina 

1952 



I960 CUMULATIVE SUPPLEMENT 



Constitution of the 

United States of America of 1787 

and Amendments 

Article I. 



§ 8. Powers of Congress. 

I. GENERAL CONSIDERATION. 

State may regulate transportation of 
whiskey within its borders. — Without of- 
fending commerce clause, state may impose 
reasonable regulations with regard to trans- 
portation of intoxicating liquor through its 
territory. State v. Kilgore, 233 S. C. 6, 103 
S. E. 2d 321 (1958). 

Continuity of transit essential to preclude 
exercise of state's powers. — Excepting such 
interruption as may be due to necessities of 
journey or for purpose of safety and con- 
venience in course of movement, continuity 
of transit from one state to another or to 
foreign country is essential to preclude 
valid exercise of taxing or regulatory 
powers of an intermediate state with regard 
to personal property within its borders. 
State V. Kilgore, 233 S. C. 6, 103 S. E. 2d 
321 (1958). 

Interest of United States in flow of 
navigable stream originates in Commerce 
Clause which speaks in terms of power, 
not of property, but the power is a domi- 
nant one which can be asserted to exclu- 
sion of any compelling or conflicting one, 
and is a privilege which has been called 
a dominant servitude or superior naviga- 
tion easement. United States v. Twin City 
Power Company, 350 U. S. 222, 76 S. Ct 
259, 100 L. Ed. 240 (1956). 

States may regulate motor vehicles en- 
gaged in interstate commerce in field of 
registration and licensing until Federal 
Government enters field. Atty. Gen. Op. 
No. 545, Aug. 17, 1957. 



III. ACTIVITIES NOT VIOLATIVE 
OF COMMERCE CLAUSE. 

Use tax on goods purchased outside 
State.— See note to § 65-1421. 

Order of Public Service Commission re- 
quiring railroad round-the-clock watchman 
at highway crossing was reasonable under 
facts of this case and not unnecessary 
burden on interstate commerce nor arbitrary 
and oppressive, in violation of commerce 
and due process clauses of Federal and 
State Constitutions. Atlantic Coast Line 
R. Co. v. Public Service Com'n, 225 S. C 
196. 81 S. E. 2d 357 (1954). 

IV. ACTIVITIES VIOLATIVE OF 
COMMERCE CLAUSE. 

Town business license tax on interstate 
commerce of foreign corporation. — Where 
photographs manufactured in Tennessee by 
Tennessee corporation, during which process 
they crossed State lines four times, sale, sit- 
ting for exposures, and selection of proofs 
taking place in this State, but development 
of exposed film, preparation of proofs, print- 
ing and finishing taking place in Tennessee, 
each of which events being inseparable and 
integral part of process, imposition of busi- 
ness license tax upon corporation was at- 
tempt to place direct tax upon privilege of 
engaging in interstate commerce, and com- 
plaint stated cause of action for refund of 
such license tax paid under protest. Mills 
V. Town of Kingstree, S. C. ,115 

S. E. 2d 52 (1960). 



§ 10. Bestrictions upon powers of states. 

I. GENERAL CONSIDERATION. II. IMPAIRING OBLIGATION OP 

Cited in State v. Byrnes, 219 S. C. 485, CONTRACTS. 

66 S. E. 2d 33 (1951). G. Where Contract Impaired. 

Order in receivership impairing^ obllgap 
tions of title retention, installment coq- 



Art. 3, § 2 



Code of Laws oif South Carolina 



Art. 6 



tracts. — See National Cash Register Co. 
V. Burns, 217 S. C. 310, 60 S. E. 2d 61 S 

(1950). 

Article III. 
§ 2. Jurisdiction. 

I. GENERAL CONSIDERATION. 



Jurisdiction of trial of crimes. — Where 
husband and wife were living in another 
state and by his conduct he compelled wife 
to leave him, and she of necessity sought 
home in county in this State, his prosecu- 



tion for violation of § 20-303 was properly 
instituted in such county, the offense being 
a continuing one. State v. Collins, 235 S. C. 
65, 110 S. E. (2d) 270 (1959). 



Article IV. 
§ 1. Full faith and credit among states. 

231 S. C. 167, 97 S. E. 2d 498 (1957). 
II. FOREIGN DIVORCE, ALIMONY. 



I. GENERAL CONSIDERATION. 

Foreign judgment to be given full faith 
and credit. — This section and Act of Con- 
gress which implements it require judg- 
ments of Courts of one state to be given 
same faith and credit in another state as 
they have by law or usage in Courts of 
state rendering them. Hamilton v. Patter- 
son, S. C. , 115 S. E. 2d 68 (1960). 

Foreign judgment may be attacked for 
want of jurisdiction. — Want of jurisdiction 
over either the person or the subject matter 
is open to inquiry where judgment ren- 
dered in one state is challenged in another. 
Taylor v. Taylor, 229 S. C. 92, 91 S. E. 
2d 876 (1956). 

Foreign judgment conclusive as to merits. 
-—Where judgment rendered by Court hav- 
ing jurisdiction of cause and parties chal- 
lenged in another state, this section pre- 
cludes any inquiry into merits of cause of 
action, logic or consistency of the decision, 
or validity of legal principles on which 
judgment based. Hamilton v. Patterson. 
S. C. ,115 S. E. 2d 68 (1960). 

Title of Statutory Liquidator of foreign 
corporation must be given full faith and 
credit, but it is subject to rights and reme- 
dies of creditors pursuing assets of insol- 
vent corporation located in this State, as 
every state has jurisdiction to determine 
for itself the liability of property within 
its territorial limits, and to seize and sell 
such under process of its courts. Clark v. 
Preferred Accident Insurance Company, 

§ 2. Privileges and immunities; fugitives. 



SUPPORT. 

Foreign judgment may be attacked for 
want of jurisdiction. — It is competent for 
courts of this State to inquire into validity 
of divorce granted in another state so far 
as its validity depends upon jurisdiction of 
court granting divorce. Taylor v. Taylor, 
229 S. C. 92, 91 S. E. 2d 876 (1956). 

General appearance in foreign court bars 
collateral attack. — A Nevada divorce decree 
is not subject to collateral attack based on 
ground that husband was not domiciled io 
Nevada where wife filed a general appear- 
ance and had full opportunity to contest 
jurisdiction issue, and it is immaterial that 
she did not do so. Taylor v. Taylor, 229 
S. C. 92, 91 S. E. 2d 876 (1956). 

Federal Court without power to modify 
decree. — South Carolina Federal Court has 
no power under this section to modify or 
alter provisions of decree issued by United 
States District Court for District of Co- 
lumbia, either as to past due installments 
or future installments of alimony. White v. 
White, 169 F. Supp. 588 (1959). 

Foreign alimony decree may be enforced 
by equitable remedies, but as to method of 
enforcement no greater effect need be given 
to alimony decree of another court than is 
given to similar judgments in South Caro- 
lina. White V. White, 169 F. Supp. 588 
(1959). 



II. FUGITIVES FROM JUSTICE. 
A. General Consideration. 

Extradition controlled by this section. — 
Right of governor of one state to demand 
of governor of another state return of a 
fugitive is controlled not by laws of asylum 
state but by this section, as implemented 



by 18 U. S. C. A. 3182, and § 17-201 can- 
not, and does not purport to, abridge that 
right as it deals only with issuance of fugfi- 
tive warrant and arrest and detention there- 
under prior to action by demanding state. 
Bolton V. Timmerman, 233 S. C. 429, 105 
S. E. 2d 518 (1958). 



Article VI. 
Debts; supremacy; oath. 

Congress' power not limited to implied power to extend immunity from taxation 
constitutifmal imraunityi — Congress has beyond fimits of that to be impHed from 



Amend. 1 



Constitution of the United States 



Amend. 4 



Clause 2 of this section. United States v. 
Livingston, 179 F. Supp. 9 (1959). 

Doctrine of mutual immunity of state 
and of nation from taxation by the other 
has not lost vitality with age, and United 
States, its property, essential functions and 
activities not subjects of taxation by the 
states. United States v. Livingston, 179 F. 
Supp. 9 (1959). 

Immimity from state taxation. — The Fed- 
eral Government and its agencies, instru- 
mentalities and property are immune from 
state and local taxation, but implied con- 
stitutional immunity only encompasses tax- 
ation having legal incidence on Federal 
Government, its agencies or instrumentali- 
ties, and does not encompass taxation 
merelv because ultimate economic burden 



may fall on Government. E-G Sheet Metal 
Works V. Grain, 235 S. C. 290, 111 S. E. 2d 
562 (1959). 

Where legal incidence of state sales and 
use taxes not on Federal Government. — Ma- 
terials, equipment and supplies purchased 
by subcontractor for use in performance of 
contract for heating and air conditioning 
buildings at atomic energy plant, some ol 
which were consumed in performance oi 
contract but title to none of which vested in 
United States or the general contractor, and 
none of which was incorporated into the 
project, enjoyed no constitutional implied 
immunity from state sales and use taxes. 
E-G Sheet Metal Works v. Grain, 235 S. C. 
290, 111 S. E. 2d 562 (1959). 



AMENDMENTS TO THE CONSTITUTION. 



Article I. 



Freedom of religion, of speech and of 

Right of person or group to worship 
God guaranteed. — ^The right of a person or 
group of persons to worship God in such 
manner and form as they may desire, and 
with or without affiliation with any partic- 
ular denomination, is guaranteed by Art. 
1, Sec. 4, of 1895 Constitution of South 
Carolina, and likewise by this article. 
Bramlett v. Young, 229 S. C. 519, 93 S. E. 
2d 873 (1956). 

Section 64-1 prohibiting showing motion 
pictures on Sunday does not violate religious 
provision of this article. Carolina Amuse- 



the press. 

ment Co. v. Martin, S. C. , 115 

S. E. 2d 273 (1960). 

Sunday law not violative of free speech. 
— Section 64-1 does not impinge upon rights 
of free speech and free press, cessation of 
commercial exhibition of moving pictures 
for one day of rest out of seven, in exercise 
of police power of State, not being an in- 
vasion of such Constitutional rights. Caro- 
Hna Amusement Co. v. Martin, S. C 

, 115 S. E. 2d 273 (I960). 

Cited in City of Darlington v. Thompson, 
234 S. C. 89, 106 S. E. 2d 918 (1959). 



Article IV. 



Seaxches and seizures. 

I. GENERAL CONSIDERATION. 

The Fourth Amendment applies only to 
the Federal Government. United States 
V. One 1949 Model Ford Coach Automo- 
bile, 101 F. Supp. 492 (1951). 

Prohibition of Fourth Amendment 
ag£unst unreasonable searches applies only 
to Federal agents and officials and not to 
State agents and officials, and unreasonable 
search by agent or official of a State does 
not violate any protection, privilege, or im- 
munity secured by Federal Constitution. 
Mackey v. Chandler, 152 F. Supp. 579 
(1958). 

Exemption from unreasonable searches 
and seizures not within purview of Four- 
teenth Amendment.^ — Exemption from un- 
reasonable searches and seizures is not one 
of privileges and immunities of citizens of 
United States which 14th Amendment for- 



bids states to abridge, nor element of due 
process of law guaranteed by that Amend- 
ment against state action. Mackey v. Chand- 
ler, 152 F. Supp. 579 (1958). 

Cited in Richards v. City of Columbia, 
227 S. C. 538, 88 S. E. 2d 683 (1955). 

II. APPLICATION OF SECTION. 

Adjudication of forfeiture may not fol- 
low a wrongful seiziure by Federal officers. 
United States v. One 1949 Model Ford 
Coach Automobile, 101 F. Supp. 492 
(1951), 

Unlawful search of home by deputy 
sheriffs was not violation of civil rights 
under Civil Rights Act, because homeowner 
not deprived of any rights, privileges, or 
immunities secured to him under federal 
Constitution or federal statutes. Mackey v. 
Chandler, 152 F. Supp. 579 (1958). 



Amend. 5 



Code op Laws of South Carolina 



Amend. 5 



Article V. 
Rig^hts of accused in criminal proceedings; due process; eminent domain. 



I. GENERAL CONSIDERATION. 

Cited in Tedder v. Coca-Cola Bottling 
Co., 224 S. C. 46. 11 S. E. 2d 293 (1953); 
Ex parte Orr, 110 F. Supp. 153 (1952); 
United States v. Zerbst, 111 F. Supp. 807 
(1953); Godwin v. Carrigan, 227 S. C. 
216, 87 S. E. 2d 471 (1955). 

II. TAKING PROPERTY FOR 
PUBLIC USE. 

"Taking" of private property under this 
amendment includes "damaging." Early v. 
South Carolina Public Service Auth., 228 
S. C. 392, 90 S. E. 2d 472 (1955). 

Factual issue of necessity for taking 
tried by court. — Where, in eminent do- 
main proceedings, the factual issue of the 
necessity of taking the property is for 
trial by the court, an impartial tribunal, 
this satisfies the State and Federal con- 
stitutional requirements of due process of 
law and affords equal protection of the law. 
Bookhart v. Central Elec. Power Coopera- 
tive, 219 S. C. 414, 65 S. E. 2d 781 (1951). 

Exercise of power of eminent domain 
by rural electric cooperative. — See note to 
§ 12-1025. 

All elements entering into the value of 
the property taken must be given con- 
sideration in arriving at just compensation. 
United States v. Twin City Power Com- 
pany, 215 F. 2d 592 (1954). 

The fact that the most profitable use of 
a parcel can be made only in combination 
with other lands does not necessarily ex- 
elude that use from consideration if the 
possibility of combination is reasonably 
sufficient to affect market value. United 
States v. Twin City Power Company, 215 
F. 2d 592 (1954). 

Highest and most profitable use to be 
considered. — The highest and most profit- 
able use for which the property is adaptable 
and needed or likely to be needed in 
the reasonably near future is to be con- 
sidered, not necessarily as the measure of 
value, but to the full extent that the 
prospect of demand for such use affects 
the market value while the property is 
privately held. United States v. Twin City 
Power Company, 215 F. 2d 592 (1954). 

Power of government in interest of navi- 
gation extends to entire bed of stream, 
i. e. to ordinary high water mark on either 
side, and whatever private rights or in- 
terests a riparian owner may have with- 
in those boundaries may be taken or 
destroyed in exercise of that power without 
obligation on part of government to com- 
pensate him therefor. Early v. South Caro- 
lina Public Service Auth., 228 S. C. 392, 
90 S. E. 2d 472 (1955). 

Any taking outside the bed of the stream 
of adjacent "fast" lands must be com- 
pensated for as in any other taking of 
private jproperty, even where improvement 



of navigation is the purpose, since the 
limitations of this article apply to the 
government when exercising the commerce 
power as well as other powers. United 
States V. Twin City Power Company, 215 
F. 2d 592 (1954). 

Availability of adjacent lands for water 
power purposes gives them a value which 
they would not otherwise have, and such 
value should be considered in fixing just 
compensation. United States v. Twin City 
Power Company, 215 F. 2d 592 (1954). 
(Editor's note. — Reversed in United States 
V. Twin City Power Company, 350 U. S. 
222, 76 S. Ct. 259, 100 L. Ed. 240 (1956).) 

Value of land as site for hydroelectric 
power operations not to be considered. — 
Where United States condemned fast lands 
of power company adjoining navigable 
stream which it held for hydroelectric 
power operations, power company was not 
entitled to compensation for value of lands 
for such operations, as that value is in the 
flow of the stream which inheres in the 
Government's servitude and which the 
Government can grant or withhold as it 
chooses. United States v. Twin City Power 
Company, 350 U. S. 222, Id S. Ct. 259, 100 
L Ed. 240 (1956). 

III. DUE PROCESS OF LAW. 

Statute making practice of Naturopathy 
unlawful does not violate this provision.— 
Dantzler v. Callison, 230 S. C. 75, 94 S. E. 
2d 177 (1956). 

Statute making gifts conclusively taxable 
transfers made in contemplation of death 
invalid. — § 65-464 requires assessment of 
gifts as portion of estate regardless of moti- 
vation of gifts and regardless of whether 
they were in fact made in contemplation of 
death, and, as so construed, is constitu- 
tionally invalid. Crawford v. South Carolina 
Tax Commission, 232 S. C. 113, 101 S. E. 
2d 267 (1957). 
IV. COMPELLED TO BE WITNESS. 

Evidence of alcohol content in blood se- 
cured with consent. — In prosecution for 
reckless homicide evidence did not warrant 
inference that defendant's blood sample was 
taken for blood test for alcohol content 
without his consent so as to raise questions 
of violation of his immunity from self- 
incrimination under this article and S. C. 
Const. Art. 1, § 17, and want of due process 
under U. S. Const. Amend. 14. State v. 
Sanders, 234 S. C. 233, 107 S. E. 2d 457 
(1959). 

Lie detector test. — In murder prosecu- 
tion where defendant sentenced to death, 
admission of testimony of defendant's re- 
fusal to take lie detector test constituted 
prejudicial error, even though trial judge 
instructed jury to disregard such testimony. 
State V. Britt, 235 S. C. 395, 111 S. E. 2d 
6)59 (1959). 



4 



Amend. 6 Constitution of rut United States Amend. 14 

Applied in State v. Allen, 231 S. C 391, Cited in State v. Smith, 230 S. C. 164, 

98 S. E. 2d 826 (1957). 94 S. E. 2d 886 (1956). 

Article VI. 
Right to speedy trial, witnesses, etc. 

This amendment applies only to trials in the hearing of a motion for a new trial on 

federal courts. State v. Hollman, 232 S. C. newly or after discovered evidence did not 

489, 102 S. E. 2d 873 (1958). violate this amendment. State v. Corn, 224 

No right to be present at hearing of S. C. 74, 77 S. E. 2d 354 (1953). 

motion for new trial. — Refusal to permit Cited in Ex parte Orr, 110 F. Supp. 156 

the defendant to be present in person at (1952). 

Article VII. 
Trial by jury in civil cases. 

Cited in Ex parte Orr, 110 F. Supp. 153 
(1952). 

Article VIII. 
Bail, fines and punishments. 

Cross reference. — See note to S. C. Cited in Ex parte Orr, 110 F. Supp. 153 

Const. Art. 1, § 19. (1952); State v. Alexander, 230 S. C. 195. 

95 S. E. 2d 160 (1956). 

Article IX. 
Reservation of rights of the people. 

Cited in Ex parte Orr, 110 F. Supp. 153 
(1952). 

Article XI. 
Restriction of judicial power. 

Cited in South Carolina State Hwy. III. SUITS AGAINST STATE. 

Dept. V. The Fort Fetterman, 236 F. 2d Suit against State Public Service Ao- 

221 (1956). thority.— See note to § 59-1. 

Article XIII. 

Cited in Briggs v. Elliott. 98 F. Supp. 
529 (1951), dis. op. of Waring, D. J. 

Article XIV. 

I. GENERAL CONSIDERATION. or to agents or officials of the State. Mackey 
This amendment is a limitation upon v. Chandler, 152 F. Supp. 579 (1958). 
exercise of power by the State or State Unlawful search of home by deputy 
agencies, not a limitation upon freedom of sheriffs was not violation of civil rights 
individuals. Briggs v. Elliott, 132 F. Supp. under Civil Rights Act, because homeowner 
776 (1955). ^ not deprived of any rights, privileges, or 
Acts of state's political subdivisions and immunities secured to him under federal 
administrative agencies within requirements Constitution or federal statutes. Mackey v. 
of this amendment. — State action prescribed Chandler, 152 F. Supp. 579 (1958). 
by this amendment not limited to acts II. PRIVILEGES AND IMMUNITIES, 
affirmatively directed by highest legislative Exemption from unreasonable searches 
body of state, but acts of state's political and seizures not within purview of this 
subdivisions and its administrative agencies amendment. — Exemption from unreason- 
serving public purpose and supported by able searches and seizures is not one of 
public funds equally within requirements of privileges and immunities of citizens of 
this amendment. Henry v. Greenville Air- United States which this Amendment for- 
port Commission, 279 F. 2d 751 (1960). ^ids states to abridge nor element of due 

This Amendment does not make Fourth Ef^ff' °^,:1"7 ^,1%'f *f'1^7 %"tZ'"t 
. , . i« 1.1 . o... ^ iiru-1 ment against state action. Mackey v. 
Amendment applicable to States.-While Chandler. 152 F. Supp. 579 (1958). 
this Amendment places limitation on state cited in State v. Harvev. 220 S. C. 506, 
action in regard to U. S. citizens, it has not gg S. E. 2d 409 (1951); Tedder v. Coca- 
been construed to operate so as to make Cola Bottling Co., 224 S. C. 46, 77 S. E. 
prohibition of Fourth Amendment as re- 2d 293 (1953); State v. Smith, 230 S. C. 
garde unreasonable searches apply to States 164, 94 S. E. 2d 886 (1956). 



Amend. 14 



Code oif Laws of South Carolina 



Amend. 14 



III. DUE PROCESS OF LAW. 

A. Scope of Clause. 

Jurisdiction must be acquired by legal 
process constitutionally exercised. — For 
court to entertain action in personam 
against foreign corporation jurisdiction over 
person of such corporation must be ac- 
quired by legal process constitutionally 
exercised, which comprises power to sub- 
ject it to jurisdiction of court and eflfec- 
tively bringing it before court by proper 
process. Springs Cotton Mills v. Machine- 
craft, Inc., 156 F. Supp. 372 (1957). 

Constitutional due process requires cor- 
poration to be present within state by doing 
business therein. — In order to subject 
foreign corporation to state jurisdiction, 
constitutional due process requires corpo- 
ration to be present within state by doing 
business therein unless it has consented to 
jurisdiction either explicitly such as ap- 
pointment of statutory agent to accept 
service or impliedly such as by general ap- 
pearance. Springs Cotton Mills v. Machine- 
craft, Inc., 156 F. Supp. 372 (1957). 

"Presence within the state" is phrase 
used to symbolize amount of corporation's 
activities within state which courts require 
in order to satisfy constitutional guarantee 
of due process. Springs Cotton Mills v. 
Machinecraft, Inc., 156 F. Supp. 372 (1957). 

Mandates of due process and equal pro- 
tection do not require exact equality in 
taxation. — Variance of tax burden resulting 
from situs of property which is source of 
investment income upon which tax imposed 
by § 65-931 to be calculated would not of 
itself warrant conclusion of unconstitution- 
ality. Colonial Life & Accident Ins. Co. v. 
South Carolina Tax Commission, 233 S. C. 
129, 103 S. E. 2d 908 (1958). 

Tax statute stricken down only when 
palpably arbitrary, capricious or unreason- 
able. — Before tax statute will be stricken 
down as violative of due process and equal 
protection clauses it must be made to ap- 
pear that classification expressed in or 
resulting from its terms is palpably arbi- 
trary, capricious or unreasonable. Colonial 
Life & Accident Ins. Co. v. South Carolina 
Tax Commission, 233 S. C. 129, 103 S. E. 2d 
908 (1958). 

Exemption from unreasonable searches 
and seizures not within purview of this 
Amendment. — Exemption from unreason- 
able searches and seizures is not one of 
privileges and immunities of citizens of 
United States which this Amendment for- 
bids states to abrige, nor element of due 
process of law guaranteed by this Amend- 
ment against state action. Mackey v. 
Chandler, 152 F. Supp. 579 (1958). 

Unreasonable search by state agent or 
official not such violation of due process 
clause of this Amendment as will invoke 
operation of this Amendment. Mackey v. 
Chandler, 152 F. Supp. 579 (1958). 



Cited in State v. H oilman, 232 S. C. 489, 
102 S. E. 2d 873 (1958); City of Darlington 
v. Thompson, 234 S. C. 89, 106 S. E. 2d 
918 (1959); State v. Britt, 235 S. C. 395, 
111 S. E. 2d 669 (1959); Byrd v. Gary, 184 
F. Supp. 388 (1960). 

R. Where Due Process Violated. 

Mere solicitation of business by another 
for foreign corporation does not bring it 
within orbit of "doing business" in state. — 
Merely because foreign corporation had 
business solicited for it by two manufac- 
turer's representatives, who also sold 
products of other concerns and who were 
independent contractors, did not bring it 
within orbit of "doing business" in state, 
so as to subject it to state's jurisdiction by 
service on Secretary of State. Springs Cot- 
ton Mills V. Machinecraft, Inc., 156 F. 
Supp. 372 (1957). 

Cited in Painter v. Town of Forest 
Acres, 231 S. C. 56, 97 S. E. 2d 71 (1957). 

C. Where Due Process Not Violated. 

The Federal court has no right to set 
aside a judgment in a State court on the 
ground of perjury in securing the judg- 
ment unless a definite showing is made 
that the State court acted in an arbitrary 
manner in refusing to consider the plain- 
tiff's rights. Bryan v. Bryan. 109 F. Supp. 
366 (1952). 

An ordinance prohibiting tazicabs from 
parking elsewhere than at their regular 
stands except when engaged in answering 
calls or transporting passengers, was not 
discriminatory against taxicab owners and 
operators as citizens and taxpayers or vio- 
lative of this amendment. Radio Cab Co. 
v. Bagby. 224 S. C. 28. 11 S. E. 2d 264 
(1953). 

Statute providing for forfeiture of un- 
licensed shrimp boat. — See Shipman v. 
Du Pre, 222 S. C. 475, 73 S. E. 2d 716 
(1952). 

Statute making practice of Naturopathy 
unlawful. — Dantzler v. Callison, 230 S. C 
75. 94 S. E. 2d 177 (1956). 

Statute regulating operation of pinball 
machine. State v. Langley, S. C. , 

115 S. E. 2d 308 (1960). 

Sunday law. — Section 64-1 prohibiting 
showing of motion pictures on Sunday does 
not violate this amendment. Carolina 
Amusement Co. v. Martin, S. C. , 

115 S. E. 2d 273 (1960). 

Exclusion of women from State petit 
jury does not violate this amendment.—- 
Exclusion of women from service on petit 
jury, as required by Art. V, § 22 of S. C. 
Constitution, does not violate this amend- 
ment. State V. Hollman, 232 S. C. 489, 102 
S. E. 2d 873 (1958). 

Use of public funds for construction of 
cafeteria in State building. — See Caldwell 
V. McMillan, 224 S. C. 150, 11 8. E. 2d 
798 (1953). 

Order of Public Service Commission re- 
quiring railroad round-tlie-clock watchman 



Amend. 14 



Constitution of the United States 



Amend. 14 



at highway crossing was reasonable under 
facts of this case and not unnecessary 
burden on interstate commerce nor arbi- 
trary and oppressive, in violation of com- 
merce and due process clauses of Federal 
and State Constitutions. Atlantic Coast 
Line R. Co. v. Public Service Com'n, 
225 S. C. 196, 81 S. E. 2d 357 (1954). 

Protection afforded against self in- 
crimination may not be injected to in- 
validate court's order to appear or sub- 
poena merely because of possibility that 
witness may be asked some question answer 
to which might tend to incriminate him. 
Greenwood Lumber Co. v. Cromer, 225 
S. C. 375, 82 S. E. 2d 527 (1954), 

Evidence of alcohol content in blood 
secured with consent. — In prosecution for 
reckless homicide evidence did not warrant 
inference that defendant's blood sample was 
taken for blood test for alcohol content 
without his consent so as to raise questions 
of violation of his immunity from self-in- 
crimination under U. S. Const. Amend. 5 
and S. C. Const. Art. 1, § 17, and want of 
due process under this article. State v. 
Sanders, 234 S. C. 233, 107 S. E. 2d 457 
(1959). 

Confession of murder, — In murder prose- 
cution circumstances under which confes- 
sions were obtained did not violate those 
fundamental principles which are protected 
by this amendment, and trial judge properly 
submitted issue of voluntariness to jury. 
State V. Bullock, 235 S. C. 356, HI S. E. 
2d 657 (1959). 

Acquiring jurisdiction of unlicensed 
foreign insurance corporation by service 
upon Insurance Commissioner. •— Service 
under § 37-265 on unlicensed foreign cor- 
poration in action for breach of policy ac- 
companied by fraudulent acts, an action ex 
contractu, was valid and did not violate this 
section. Ross v. American Income Life In- 
surance Company, 232 S. C, 433, 102 S, E. 
2d 743 (1958). 

Acquiring jurisdiction of nonresident 
corporate director. — Where a state has an 
interest in regulating operations and trans- 
actions by nonresidents, it has power to 
enact appropriate legislation for the bring- 
ing of a nonresident into its forum in 
actions aflFecting his transactions in that 
state, and § 10-432.1 providing for service 
upon nonresident corporate director, being 
neither an arbitrary nor unreasonable at- 
tempt to exercise the authority vested in it 
in the public interest, is not constitutionally 
objectionable as denying due process. 
Wagenberg v. Charleston Wood Products, 
122 F. Supp. 745 (1954). 

Exemption of rural electric cooperativea 
from taxation constitutional. — Exemption 
of rural electric cooperatives from taxation 
does not violate the provisions as to uni- 
formity of taxation contained in Art. 10, 
§§ 1 and 5, of the State Constitution or the 
due i^Qcess.or the equal protection clauses 



of the 14th Amendment to the Federal 

Constitution. Byrd v. Blue Ridge Rural 

Electrical Cooperative, 215 F. 2d 542 

(1954). reversing 118 F. Supp. 868. 

IV. EQUAL PROTECTION OF 

THE LAWS. 

A. Scope of Clause. 

Mandates of due process and equal pro- 
tection do not require exact equality in 
taxation. — Variance of tax burden result- 
ing from situs of property which is source 
of investment income upon which tax im- 
posed by § 65-931 to be calculated would 
not of itself warrant conclusion of unconsti- 
tutionality. Colonial Life & Accident Ins. 
Co. V. South Carolina Tax Commission, 
233 S. C. 129, 103 S. E. 2d 908 (1958). 

Tax statute stricken down only when 
palpably arbitrary, capricious or unreason- 
able. — Before tax statute will be stricken 
down as violative of due process and equal 
protection clauses it must be made to ap- 
pear that classification expressed in or 
resulting from its terms is palpably arbi- 
trary, capricious or unreasonable. Colonial 
Life & Accident Ins. Co. v. South Carolina 
Tax Commission, 233 S. C. 129, 103 S. E. 
2d 908 (1958). 

Clause protects all persons including 
married woman, — The Constitution and 
laws of the United States recognize that a 
married woman is a person and an individ- 
ual and that she is entitled to same pro- 
tection of the law as other individuals re- 
gardless of ancient provisions of the 
common law. Alexander v, Alexander, 140 
F. Supp. 925 (1956), 

General Assembly may classify pursuits, 
occupations or businesses for inclusion in 
or exemption from statutes requiring ob- 
servance of Sunday and, if based upon 
pertinent and substantial differences ra- 
tionally justifying the diversity, such classi- 
fication does not offend the equal protection 
clause of this amendment. Mullis v, Cela- 
nese Corporation of America, 234 S. C. 380, 
108 S. E. 2d 547 (1959). 

Sunday law will be upheld unless clearly 
arbitrary. — Classification on which Sunday 
law based within discretion of legislative 
branch of government and will be upheld 
unless clearly arbitrary. Carolina Amuse- 
ment Co., V. Martin, S. C. , 115 
S. E. 2d 273 (1960). 

Classification of Sunday law presumed 
to be reasonable in absence of factual show- 
ing to contrary, and burden on one denying 
its validity to show no admissible hypothesis 
on which it can be justified. Carolina 
Amusement Co. v. Martin, S. C. , 

115 S. E. 2d 27^ (1960). 

With respect to education. 

When the State undertakes public edu- 
cation, it may not discriminate against any 
individual on account of race, but must 
offer equal opportunity to all, Briggs v. 
Elliott. 98 F. Supp. 529 (1951). See Brigga 



Amend. 14 



CoDiB OF Laws of South Carolina 



Amend. 14 



V. Elliott, 103 F. Supp. 920 (1952); Briggs 
V. Elliott, 342 U. S. 350. 72 S. Ct. 327. 96 
L. Ed. 392 (1952). 

Segregation violative of United State* 
Constitution. — Segregation of children in 
public schools solely on the basis of race, 
even though the physical facilities and 
other "tangible" factors may be equal, de- 
prive negro children of equal educational 
opportunities, in violation of the Four- 
teenth Amendment to the U. S. Constitu- 
tion. Brown v. Board of Education of 
Topeka, 347 U. S. 483, 74 S. Ct. 686, 98 
L. Ed. 873 (1954). 

All provisions of federal, state, or local 
law requiring or permitting racial discrim- 
ination in public education, must yield to 
the fundamental principle that such dis- 
crimination is unconstitutional. Brown v. 
Board of Education of Topeka, Kansas. 
349 U. S. 294, 75 S. Ct. 753, 99 L. Ed. 1083 
(1955). 

But Constitution does not require Inte- 
gration, but merely forbids discrimination 
and use of governmental power to enforce 
segregation. Briggs v. Elliott, 132 F. Supp. 
776 (1955). 

A state may not directly or indirectly 
deny to any person on account of race the 
right to attend any school that it maintains; 
but if schools which it maintains are open 
to children of all races, no violation of the 
Constitution is involved even though chil- 
dren of different races voluntarily attend 
different schools. Briggs v. Elliott, 132 F. 
Supp. nd (1955). 

Amendment does not require social 
equality. — Right to equality before the law, 
to be free from discrimination, invests no 
one with authority to require others to ac- 
cept him as a companion or social equal. 
Henry v. Greenville Airport Commission, 
175 F. Supp. 343 (1959). 

The separate but equal doctrine has been 
repudiated as to cases involving transporta- 
tion. Flemming v. South Carolina Elec. & 
Gas Co., 224 F. 2d 752 (1955). 

State property equally available without 
discrimination because of race. — Property 
acquired, maintained and operated by a 
state or by its political subdivisions and 
agencies must be equally available to citi- 
zens without discrimination because of race. 
Henry v. Greenville Airport Commission, 
279 F. 2d 751 (1960). 

Cited in Byrd v. Gary, 184 F. Supp. 388 
(1960). 

B. Where Equal Protection Violated. 

Intentional exclusion of Negroes from 
Jury. — Equal protection of the laws is 
denied to a Negro charged with a crime 
whenever by any action of a State, whether 
through its legislature, through its courts, 
or through its executive or administrative 
officers, Negroes are intentionally excluded, 
solely because of their race or color, from 
serving upon the grand jury that indicts 
the defendant or the petit jury which tries 



him. State v. Waitus, 224 S. C. 12, 11 8. E. 

2d 256 (1953). 

Segregation of races in buses. — Article 7, 

Title 58, (§§ 58-1491 to 58-1496), requiring 
passenger motor vehicle carriers to sepa- 
rate white and colored passengers is un- 
constitutional as violative of this amend- 
ment. Flemming v. South Carolina Elec. & 
Gas Co., 224 F. 2d 752 (1955). 

Prohibition of joint use of public park 
by white and colored races.— Article 4, 
Title 51, (§§ 51-181 to 51-184), prohibiting 
joint use of public park by white and 
colored races violates this amendment. 
Clark V. Flory, 141 F. Supp. 248 (1956). 

Segregation of races in public airport. — 
Negroe's rights violated where airport man- 
ager required him to use colored waiting 
room. Henry v. Greenville Airport Com- 
mission, 279 F. 2d 751 (1960). 
C. Where Equal Protection Not Violated. 

Jury without Negro members. 

This amendment does not give a Negro 
charged with a crime in a State court the 
right to demand that the grand or petit 
jury, which considers his case, shall be 
composed, either in whole or in part, of 
citizens of his own race. State v. Waitus. 
224 S. C. 12. n S. E. 2d 256 (1953). 

The exemption of certain counties from 
the operation of § 21-852, relating to pay- 
ment of tuition by parents of children at- 
tending public schools in districts other 
than the one in which they reside, does not 
deny due process or the equal protection 
of the laws guaranteed by this amendment. 
Moseley v. Welch, 218 S. C. 242, 62 S. E. 
2d 313 (1950). 

Segregation of the races in the public 
schools, as required by the Constitution 
and statutes of South Carolina, is not of 
itself a denial of the equal protection of 
the laws guaranteed by this amendment. 
Briggs V. Elliott, 98 F. Supp. 529 (1951). 
See Briggs v. Elliott, 103 F. Supp. 926 
(1952); Briggs v. Elliott, 342 U. S. 350. 
12 S. Ct. 327, 96 L. Ed. 392 (1952). 

Segregation in the field of public trans- 
portation is a valid exercise of State police 
power, and Article 7 of Chapter 13, Title 
58. (§§ 58-1491 to 58-1496), does not vio- 
late the equal protection clause of thii 
Amendment. Flemming v. South Carolina 
Electric & Gas Company. 128 F. Supp. 469 
(1955). (Reversed in Flemming v. South 
Carolina Electric & Gas Company, 224 F. 
2d 752 (1955).) 

Cafeteria in State building. — An act au- 
thorizing the State Highway Department 
to build, equip and have operated a cafe- 
teria in its Administration Building does 
not put the State in the restaurant busi- 
ness, in unfair competition with private 
persons owning restaurants and cafes and 
deny them equal protection of law. Cald- 
well V. McMillan, 224 S. C. 150, 11 S. E. 
2d 798 (1953). 

Exemption of rural electric cooperative* 
from taxation constitutionaL — Exemption 



S 



Amend. 15 



Constitution oif the United States 



Amend. 21 



of rural electric cooperatives from taxation 
does not violate the provisions as to uni- 
formity of taxation contained in Art. 10, 
§§ 1 and 5, of the State Constitution or 
the due process or the equal protection 
clauses of the 14th Amendment to the 
Federal Constitution. Byrd v. Blue Ridge 
Rural Electrical Cooperative, 215 F. 2d 
542 (1954), reversing 118 F. Supp. 868. 



Statute making practice of Naturopathy 
unlawful.— Dantzler v. Callison, 230 S. C 
75, 94 S. E. 2d 177 (1956). 

Sunday law. — Section 64-1 prohibiting 
showing of motion pictures on Sunday does 
not violate equal protection clause of this 
amendment. Carolina Amusement Co. v. 
Martin, S. C. , 115 S. E. 2d 273 

(1960). 



Article XV. 

Cited in Briggs v. Elliott, 98 F. Supp. 
529 (1951). dis. op. of Waring, D. J. 

Artici,e XIX. 

Woman suffrage. 

Cited in Lee v. Clark, 224 S. C. 138, 77 
S. £. 2d 485 (1953). 

Article XXI. 



Liquor is now regulated by states. — 
Since adoption of this amendment each 
state has power, unfettered by commerce 
clause, to regulate or prohibit importation 



of intoxicating liquor for delivery or use 
within its borders. State v. KilgCM'e, 233 
S. C. 6, 103 S. E. 2d 321 (1958). 



9 



Constitution 

of the 

State of South Carolina 

1895 

(As Amended Through The 1960 Regular Session Of The General Assembly) 



Sec 



Article II. 
Right of Suffrage. 



Qualification for office; two offices. 
Article III. 
Legislative Department. 
19. Mileage; increase of per diem; compen- 
sation for extra session. 
26. Oath of office. 

Article V. 

Judicial Department. 

1. Judicial power vested in certain courts. 



Sec. 

20. Magistrates; term of office; constables; 

salary. 

21. Jurisdiction of magistrates; examining 

courts. 

Article X. 
Finance and Taxation. 
5. Taxes may be levied for corporate pur- 
poses; shares of stockholders; 
limit of bonded debt. 
Article XI. 
5. [Repealed.] 



PREAMBLE. 



Every presimiption will be made in favor 
of constitutionality of legislative act and 
a statute if possible will be construed so as 
to render it valid. It will be declared un- 
constitutional only where its invalidity ap- 



pears so clearly as to leave no room for 
reasonable doubt that it is in violation of 
some provision of the Constitution. State 
v. Seigler, 230 S. C. 115, 94 S. E. 2d 231 
(1956). 



ARTICLE I. 
Deci,aration of Rights. 
§ 4. Religions worship ; freedom of speech ; petition. 



Right of person or group to worship 
God guaranteed. — The right of a person 
or group of persons to worship God in such 
manner and form as they may desire, and 
with or without affiliation with any partic- 
ular denomination, is guaranteed by this 
section, and likewise by First Amendment 
of Constitution of United States. Bramlett 



v. Young, 229 S. C. 519, 93 S. E. 2d 873 
(1956). 

Section 64-1 prohibiting showing motion 
pictures on Sunday does not violate this 
section. Carolina Amusement Co. v. Martin, 
S. C._ ,115 S. E. 2d 273 (1960). 

Cited in Dillon County v. Maryland Cas. 
Co., 217 S. C. 66, 59 S. E. 2d 640 (1950). 



§ 6. Privileges and immunities; protection of laws 

L GENERAL CONSIDERATION. 

Cited in Dillon County v. Maryland Cas. 
Co., 217 S. C. 66, 59 S. E. 2d 640 (1950); 
Johnson v. Abney Mills, 219 S. C. 231, 64 
S. E. (2d) 641 (1951); Moss v. South 
Carolina State Highway Dept., 223 S. C. 
282, 75 S. E. 2d 462 (1953); Tedder v. 
Coca-Cola Bottling Co., 224 S. C. 46, 11 
S. E. 2d 293 (1953); Wright v. City of 
Florence, 229 S. C. 419, 93 S. E. 2d 215 
(1956). 

n. DUE PROCESS OF LAW. 
A. Scope of Due Process Clause. 

Question of due process is a judicial, not 
legislative one. James v. City of Greenville, 
227 S. C. 565, 88 S. E. 2d 661 (1955). 

Due process does not require absolute 
equality. Mills Mill v. Hawkins, 232 S. C. 
515, 103 S. E. 2d 14 (1957). Appeal dis- 

10 



missed. 355 U. S. 605, 78 S. Ct. 536, 2 L. Ed. 
2d 524 (1958). 

Mandates of due process and equal pro- 
tection do not require exact equality in tax- 
ation. — Variance of tax burden resulting 
from situs of property which is source of 
investment income upon which tax imposed 
by § 65-931 to be calculated would not of 
itself warrant conclusion of unconstitution- 
ality. Colonial Life & Accident Ins. Co. v. 
South Carolina Tax Commission, 233 S. C. 
129, 103 S. E. 2d 908 (1958). 

Tax statute stricken down only when 
palpably arbitrary, capricious or imreason- 
able. — Before tax statute will be stricken 
down as violative of due process and equal 
protection clauses it must be made to ap- 
pear that classification expressed in or 



Art. 1, § 5 Constitution of the State of South Carouna Art. 1, § 5 



resulting from its terms is palpably arbi- 
trary, capricious or unreasonable. Colonial 
Life & Accident Ins. Co. v. South Carolina 
Tax Commission, 233 S. C. 129, 103 S. E. 
2d 908 (1958). 

When legislative determination may be 
assailed. — Action of legislature in creating 
public service district for water and sewer- 
age systems and garbage collection and 
fixing its boundaries can be assailed under 
due process and equal protection clauses 
only where the legislative action is arbi- 
trary, wholly unwarranted, a flagrant abuse, 
and by reason of its arbitrary character a 
confiscation of particular property. Mills 
Mill v. Hawkins, 232 S. C. 515, 103 S. E. 2d 
14 (1957). Appeal dismissed. 355 U. S. 605, 
78 S. Ct. 536. 2 L ed 2d 524 (1958). 

Legislature may create public service 
district and fix its boundaries and when it 
does so, included landowners are not en- 
titled to hearing on question of whether 
their lands will be benefited. Mills Mill v. 
Hawkins, 232 S. C. 515, 103 S. E. 2d 14 
(1957). Appeal dismissed. 355 U. S. 605, 78 
S. Ct. 536, 2 L ed 2d 524 (1958). 

Retroactive legislation limited by this 
section. — By curative or validating statute 
which is necessarily retrospective in char- 
acter and retroactive in effect, Legislature 
can validate any act which it might origi- 
nally have authorized, but this rule is sub- 
ject to constitutional limitation that one 
may not be deprived of property without 
due process of law. Dunham v. Davis, 229 
S. C. 29, 91 S. E. 2d 716 (1956). 

Power to declare ordinance invalid exer- 
cised carefully and cautiously. — The power 
to declare an ordinance invalid because it is 
so unreasonable as to impair or destroy con- 
stitutional rights is one which will be exer- 
cised carefully and cautiously, as it is not 
function of courts to pass upon wisdom or 
expediency of municipal ordinances or regu- 
lations, but where an ordinance is clearly 
violative of constitutional rights, it is court's 
duty so to declare it. James v. City of 
Greenville, 227 S. C. 565, 88 S. E. 2d 661 
(1955). 

Exercise of police power not absolute. — 
Right of citizen to engage in lawful busi- 
ness, to make contracts, and to dispose of 
his property subject to regulation and con- 
trol by state in exercise of its police power, 
but such power not absolute and may be 
exercised only for protection of public in 
its health, safety, morals or general welfare. 
Gwynette v. Myers, S. C. ,115 S. E. 

2d 673 (1960). 

Power of price control. — State has power 
to regulate price that one in private business 
may charge for goods or services only 
where such business is "affected with a 
public interest", which is a matter of ju- 
dicial inquiry, mere declaration by legisla- 
ture that a business is so affected not con- 



clusive of such inquiry. Gwynette v. Myers 
S. C. , 115 S. E. 2d 673 (1960). ' 

Police power of municipality to enact 
zoning ordinance not imlimited, and does 
not extend to suppression or removal from 
residence district of lawful business already 
established there, in absence of factual 
showing that continuance of such business 
would be detrimental to public health, 
safety, morals or general welfare. James v. 
City of Greenville, 227 S. C. 565. 88 S. E. 
2d 661 (1955). 

B. Where Due Process Not Denied. 

Hearing afforded only after request. — 
Provision of municipal ordinance enacted in 
exercise of police power granted by chapter 
5. of Title 36 (§§ 36-501 et seq.), which af- 
forded property owner a hearing only after 
request, did not deprive owner of any legal 
right to be heard, nor constitute a taking 
without due process. Richards v. City of 
Columbia, 227 S. C. 538, 88 S. E. 2d 683 

Use tax on goods purchased outside 
State,— State v. Byrnes, 219 S. C. 485. 66 
S. E. 2d 33 (1951). 

Exemptions from sales and use taxes. — 
State V. Brynes, 219 S. C. 485, 66 S. E. 2d 

Exemption of certain cotinties from op- 
eration of § 21-852.— See this note, analysis 
line in, B.^ 

Assumption by new school district of 
indebtedness of constituent district — 
Smith V. Lexington School Dist. No. 1. 
219 S. C. 191, 64 S. E. 2d 534 (1951). 

Transfer of property of old school dis- 
trict to new at less than reasonable value. 
— Nesbitt V. Gettys, 219 S. C. 221. 64 S 
E. 2d 651 (1951). 

Statute providing for forfeittu-e of un- 
licensed shrimp boat. — See Shipman v. 
DuPre. 222 S. C. 475, 73 S. E. 2d 716 
(1952). 

Statute requiring approval of Board of 
Bank Control as prerequisite to incorpora- 
tion of bank.— Floyd v. Thornton, 220 S. 
C. 414, 68 S. E. 2d 334 (1951). 

Statute making practice of Naturopathy 
unlawful.— -Dantzler v. Callison, 230 S. C. 
75, 94 S. E. 2d 177 (1956). 

Statute regulating operation of pinball 
machine. State v. Langley, S. C. 

115 S. E. 2d 308 (1960). 

Sunday law. — Section 64-1 prohibiting 
showing of motion pictures on Sunday does 
not violate this section. Carolina Amuse- 
ment Co. V. Martin, S. C. 115 
S. E. 2d 273 (1960). 

Compulsory examination of accused to 
determine mental condition. — Where in- 
sanity is interposed as a defense, the com- 
pulsory examination of an accused by ex- 
perts for the purpose of determining his 
mental condition and testifying in regard 
thereto does not violate the constitutional 
guaranty of due process, of law. State v. 



11 



Art. 1, § 5 



CoD^ OP Laws of South Carolina 



Art. 1, § 5 



Myers, 220 S. C. 309, 67 S. E. 2d 506, 
32 A. L. R. 2d 430 (1951). 

Compulsory physical examination of ac- 
cused.— Protection of guaranty of due pro- 
cess of law does not extend to exclusion 
of evidence obtained through search of 
defendant or examination of his person 
unaided by his enforced testimony or posi- 
tive action. State v. Green, 227 S. C. 1, 
86 S. E. 2d 598 (1955). 

Use of public funds for construction of 
cafeteria in State building. — Caldwell v. 
McMillan, 224 S. C. 150, 17 S. E. 2d 798 
(1953). 

Suspension of sheriff. — Office holder ac- 
quires no vested property right in the 
office, and public office and the emoluments 
thereof are not property within the sense 
of constitutional guaranties of due process 
of law, and §§ 50-9.1 and 50-9.2 giving to 
Governor discretionary power to suspend 
officer indicted for crime and to declare 
office vacant upon conviction do not violate 
this section. State v. Seigler, 230 S. C. 115, 
94 S. E. 2d 231 (1956). 

Order of Public Service Commission re- 
quiring railroad round-the-clock watchman 
at highway crossing was reasonable under 
facts of this case and not unnecessary 
burden on interstate commerce nor arbi- 
trary and oppressive, in violation of com- 
merce and due process clauses of Federal 
and State Constitutions. Atlantic Coast 
Line R. Co. v. Public Service Com'n, 225 
S. C. 196, 81 S. E. 2d 357 (1954). 

Repair, alteration, or destruction of 
dwellings unfit for habitation. — Municipal 
ordinance enacted in exercise of police 
power granted by chapter 5 of Title 36 (§§ 
36-501 et seq.), providing for repair, alter- 
ation or demolition of substandard dwell- 
ings was not unreasonable, and did not deny 
equal protection of the laws or constitute 
taking of property without due process. 
Richards v. City of Columbia, 227 S. C. 
538, 88 S. E. 2d 683 (1955). 

Creating public service district for opera- 
tion of water and sewerage systems and 
garbage collection, and granting power to 
compel residents to use water and sewer 
facilitres, even though some of them have 
installed adequate water and sewer facili- 
ties to serve their properties and may re- 
ceive considerable less benefits than those 
property owners now without sewerage 
and water, the court not being warranted 
in saying that tax burden which will be 
placed upon them will so materially exceed 
benefits received as to be palpably arbi- 
trary. Mills Mill v. Hawkins, 232 S. C. 515, 
103 S. E. 2d 14 (1957). Appeal dismissed. 
355 U. S. 605, 78 S. Ct. 536, 2 L Ed. 2d 524 
(1958). 

Requirement of fishing license by per- 
sons fishing in privately owned pond.— 
Where landowner excavated and created 
certain fish ponds which were entirely 
segregated from other waters, and which 



were stocked with fish, and both residents 
and nonresidents fished therein upon pay- 
ment of fee to owner, requirement of fish- 
ing license pursuant to § 28-551 did not 
deprive owner of property without due 
process of law in violation of this section. 
Dargan v. Richardson, 229 S. C. 135, 92 
S. E. 2d 167 (1956). 

Failure to channel through Children's 
Court to general sessions court murder case 
of child under 16, in view of §§ 15-1335 and 
15-1336, and assumption of immediate juris- 
diction by latter court, did not violate those 
code provisions so as to deprive child of the 
due process guaranteed by this section. 
State V. Gorey, 235 S. C. 301, 111 S. E. 2d 
560 (1959). 

No requirement that notice of right of 
appeal be given. — Fact that resolution of 
highway condemnation board did not give 
notice on its face of landowner's right to 
appeal as authorized by § 33-139 and did 
not set forth that award was final unless 
it be appealed within a prescribed time, no 
contention being made that resolution of 
board did not meet requirements of statu- 
tory law, did not deprive landowner of his 
property without due process of law and 
without just compensation therefor. Ex 
Parte Wessinger, 235 S. C. 239, 111 S. E. 
2d 13 (1959). 

C. Where Due Process Denied. 

Zoning ordinance. — Zoning ordinance of 
City of Greenville requiring discontinuance 
of trailer court by placing it in residential 
district was invalid in its application to 
owner thereof who operated such court 
prior to annexation to city of land on which 
it stood. James v. City of Greenville, 227 
S. C. 565, 88 S. E. 2d 661 (1955). 

Retroactive legislation affecting vested 
rights. — Title having vested in heirs at law 
prior to void tax sale of intestate's lands, 
retroactive application of curative and 
validating statute would be clearly uncon- 
stitutional as depriving them of property 
without due process of law. Dunham v. 
Davis, 229 S. C. 29, 91 S. E. 2d 716 (1956). 

Town ordinance to require all businesses 
to close at midnight will seriously impair, 
if not destroy, many lawful businesses and 
is so unreasonable as to violate this section. 
Painter v. Town of Forest Acres, 231 8. C. 
56, 97 S. E. 2d 71 (1957). 

Fair Trade Act. — In so far as the Fair 
Trade Act (§§ 66-91 to 66-95) applies to 
non-signers of the contract therein autho- 
rized, it is unconstitutional on ground that 
it constitutes deprivation of property with- 
out due process of law in violation of this 
section, for property in a thing consists not 
merely in its ownership and possession but 
in unrestricted right of use, enjoyment, and 
disposal, which includes right of owner^ to 
fix price at which he will sell, and anything 
which destroys one or more of these ele- 
ments of property to that extent destroys 



12 



Art. 1, § 5 Constitution of th^ State of South Carouna Art. 1, § 5 



property itself. Rogers-Kent, Inc. v. Gen- 
eral Electric Company, 231 S. C 636, 99 

S. E. 2d 663 (1957). 

Statute making gifts conclusively taxable 
transfers made in contemplation of death 
invalid. — § 65-464 requires assessment of 
gifts as portion of estate regardless of 
motivation of gifts and regardless of 
whether they were in fact made in con- 
templation of death, and, as so construed, 
is constitutionally invalid. Crawford v. 
South Carolina Tax Commission, 232 S. C. 
113, 101 S. E. 2d 267 (1957). 

Fixing retail price of milk. — The State 
may not fix price at which retail grocer 
may sell milk, such business not being 
affected with a public interest. Gwynette v. 
Myers, S. C. ,115 S. E. 2d 673 

(1960). 

III. EQUAL PROTECTION OF 
LAWS. 

A. Scope of Equal Protection Clause. 

General Assembly may classify pursuits, 
occupations or businesses for inclusion in 
or exemption from statutes requiring ob- 
servance of Sunday and, if based upon 
pertinent and substantial differences ration- 
ally justifying the diversity, such classifica- 
tion does not oft'end the equal protection 
clause in this section. Mullis v. Celanese 
Corporation of America, 234 S. C. 380, 108 
S. E. 2d 547 (1959) . 

Sunday law will be upheld unless clearly 
arbitrary. — Classification on which Sunday 
law based within discretion of legislative 
branch of government and will be upheld 
unless clearljr arbitrary. Carolina Amuse- 
ment Co. V. Martin, S. C. , 115 
S. E. 2d 27 i (1960). 

Classification of Sunday law presumed 
to be reasonable in absence of factual show- 
ing to contrary, and burden on one denying 
its validity to show no admissible hypothesis 
on which it can be justified. Carolina 
Amusement Co. v. Martin, S. C. , 

115 S. E. 2d 273 (1960). 

When legislative determination may be 
assailed. — Action of legislature in creating 
public service district for water and sewer- 
age systems and garbage collection and 
fixing its boundaries can be assailed under 
due process and equal protection clauses 
only where the legislative action is arbi- 
trary, wholly unwarranted, a flagrant abuse, 
and by reason of its arbitrary character a 
confiscation of particular property. Mills 
Mill V. Hawkins, 232 S. C. 515, 103 S. E. 2d 
14 (1957). Appeal dismissed. 355 U. S. 605, 
78 S. Ct. 536. 2 L Ed. 2d 524 (1958). 

Exercise of police power not absolute. — 
Right of citizen to engage in lawful busi- 
ness, to make contracts, and to dispose of 
his property subject to regulation and con- 
trol by state in exercise of its police power, 
but such power not absolute and may be 
exercised only for protection of public in 
its health, safety, morals or general welfare. 



Gwynette v. Myers, S. C. ,115 S. E. 

2d 673 (1960). 

Tax statute stricken down only when 
palpably arbitrary, capricious or unreason- 
able. — Before tax statute will be stricken 
down as violative of due process and equal 
protection clauses it must be made to appear 
that classification expressed in or result- 
ing from its terms is palpably arbitrary, 
capricious or unreasonable. Colonial Life & 
Accident Ins. Co. v. South Carolina Tax 
Commission, 233 S. C. 129, 103 S. E. 2d 908 
(1958). 

Mandates of due process and equal pro- 
tection do not require exact equality in 
taxation. — Variance of tax burden resulting 
from situs of property which is source of 
investment income upon which tax imposed 
by § 65-931 to be calculated would not of 
itself warrant conclusion of unconstitution- 
ality. Colonial Life & Accident Ins. Co. v. 
South Carolina Tax Commission, 233 S. C. 
129, 103 S. E. 2d 908 (1958). 

Fixing retail price of milk constitution- 
ally invalid. — In exercise of its police 
power, State may fix prices in private busi- 
ness only when such business is affected 
with a public interest, and it may not fix 
price at which retail grocer may sell milk. 
Gwynette v. Mvers, S. C. ,115 

S. E. 2d 673 (1960). 
B. Where Equal Protection Not Denied. 

Exemptions from sales and use taxes. — 
State V. Byrnes, 219 S. C. 485, 66 S. E. 2d 
33 (1951). 

The exemption of certain counties from 
the operation of § 21-852, relating to pay- 
ment of tuition by parents of children at- 
tending public schools in districts other 
than the one in which they reside, does 
not deny due process or the equal pro- 
tection of the laws guaranteed by this sec- 
tion. Moseley v. Welch, 218 S. C. 242, 62 
S. E. 2d 313 (1950). 

Cafeteria in State building. — An act au- 
thorizing the State Highway Department 
to build, equip and have operated a cafe- 
teria in its Administration Building does 
not put the State in the restaurant busi- 
ness, in unfair competition with private 
persons owning restaurants and cafes and 
deny them equal protection of law. Cald- 
well v. McMillan, 224 S. C. ISO, 77 S. E. 
2d 798 (1953). 

Statute requiring approval of Board of 
Bank Control as prerequisite to incorpora- 
tion of bank. — Floyd v. Thornton, 220 S. 
C. 414, 68 S. E. 2d 334 (1951). 

Statute making practice of Naturopathy 
unlawful. — Dantzler v. Callison, 230 S. C. 
75, 94 S. E. 2d 177 (1956). 

Repair, alteration or destruction of dwell- 
ings unfit for habitation. — Municipal or- 
dinance enacted in exercise of police power 
granted by Chapter 5 of Title 36 (§§ 36-501 
et seq.), providing for repair, alteration or 
demolition of substandard dwellings was 
not unreasonable, and did not deny equal 

Volume 7 



13 



Art. 1, § 6 



Code; oi^ Laws of South Carolina 



Art. 1, § 10 



protection of the laws or constitute taking 
of property without due process. Richards 
V. City of Columbia, 227 S. C. 538, 88 S. E. 
2d 683 (1955). 

Creating public service district for ope- 
ration of water and sewerage systems and 
garbage collection, and granting power to 
compel residents to use water and sewer 
facilities, even though some of them have 
installed adequate water and sewer facili- 
ties to serve their properties and may re- 
ceive considerable less benefits than those 
property owners now without sewerage 
and water, the court not being warranted 
in saying that tax burden which will be 
placed upon them will so materially exceed 
benefits received as to be palpal)ly arbi- 
trary. Mills Mill v. Hawkins, 232 S. C. 515, 

§ 6. Taxation. 

This section is inapplicable to license or 
excise taxes, which the sales tax is. State 

§ 7. No tax without consent. 

Cited in City of Darlington v. Thompson, 
234 S. C. 89, 106 S. E. 2d 918 (1959). 

§ 8. Attainder; ex post facto law. 

I. IMPAIRMENT OF CONTRACTS. 
A. General Consideration. 

Contract rights are subject to the police 
power. — Richards v. City of Columbia, 227 
S. C. 538, 88 S. E. 2d 683 (1955). 

Cited in State v. Byrnes, 219 S. C. 485, 
66 S. E. 2d 33 (1951). 

H. Application of Section. 

Abolition of office does not impair con- 
tract. — Members of civil service commis- 
sion, whose terms of office had not ex- 
pired at time of repeal of ordinance estab- 
lishing commission, had no constitutional 
or contract rights which were impaired, 
they being officers whose offices had been 
abolislied. Wright v. City of Florence, 229 
S. C. 419. 93 S. E. 2d 215 (1956). 

Act providing for assumption of indebt- 
edness of old school districts by new. — An 
act providing for the consolidation of the 
several school districts in a county into 
a single district, and for the assumption 
by the consolidated district of tlie indebt- 
edness of the old districts, which indebt- 
edness had previously been assumed by 
the county, did not impair the obligations 
of contracts. Tindall v. Byars, 217 S. C. 
1, 59 S. E. 2d 337 (1950). 

Ordinance authorizing repair, alteration 
or destruction of substandard dwelling. — 

§ 9. Suffrage. 

Cited in City of Darlington v. Thompson, 
234 S. C. 89. 106 S. E. 2d 918 (1959). 

§ 10. Elections free and open. 

This section applies only to offices cre- 
ated by the Constitution. Lee v. Clark, 
224 S. C. 138, 77 S. E. 2d 485 (1953). 



103 S. E. 2d 14 (1957). Appeal dismissed. 
355 U. S. 605, 78 S. Ct. 536, 2 L. Ed. 2d 524 
(1958). 

C. Where Equal Protection Denied. 

Fixing retail price of milk. — The State 
may not fix price at which retail grocer 
may sell milk, such business not being 
affected with a public interest. Gwynette 
v. Myers, S. C. ,115 S. E. 2d 673 

(1960). 

Exempting persons who have been resi- 
dents of Orangeburg County for five years 
from act prohibiting fortune telling. Atty. 
Gen. Op., Feb. 20, 1959. 
IV. PRIVILEGES AND IMMUNITIES. 

Exemptions from sales and use taxes. — 
State v. Byrnes, 219 S. C. 485, 66 S. E. 
2d 33 (1951). 



v. Byrnes, 219 S. C. 485, 66 S. E. 2d 33 

(1951). 



Municipal ordinance enacted in exercise of 
police power granted by chapter 5, of title 
36 (§§ 36-501 et seq.), providing for repair, 
alteration or demolition of dwellings unfit 
for habitation, does not impair obligation 
of contracts, even though an affected sub- 
standard dwelling was covered by mort- 
gage. Richards v. City of Columbia, 227 
S. C. 538. 88 S. E. 2d 683 (1955). 

II. EX POST FACTO LAWS. 

Retroactive legislation divesting vested 
rights invalid. — On death of intestate, rights 
of heirs at law to real property of their 
ancestor attach and become vested, and 
subsequent legislation cannot interfere with 
those rights. Seaple v. Montgomery, 227 
S. C. 436. 88 S. E. 2d 357 (1955). 

ITT. FORFEITURE OF ESTATES. 

This section inapplicable to rule against 
felonius slayer inheriting from victim.— 
Rule that one who intentionally and unlaw- 
fully kills another may not inherit from 
person so killed, does not violate this sec- 
tion because the rule takes no property 
from the felonius slayer, but simply for- 
bids his acquisition of property by his 
crime. Legette v. Smith, 226 S. C. 403, 
85 S. E. 2d 576 (1955). 



Qualifications for eligibility to office. — 
The legislature has not attempted to re- 
quire qualifications or impose disqualifica- 



14 



Art. 1, § 14 Constitution of this State of South Carolina Art. 1, § 14 



tions for election to office of judge of pro- — See note to S. C. Const., Art. 11, § 3. 



bate other than those prescribed by this 
section. Redfearn v. Board of State Can- 
vassers, 234 S. C. 113, 107 S. E. 2d 10 
(1959). 

Qualifications for office of school trustee. 

§ 14. Departments separate. 

II. LEGISLATIVE POWERS. 

There is no fixed formula for determin- 
ing powers which must be exercised by 
Legislature itself and those which may be 
delegated to an administrative agency. 
South Carolina State Highway Dept. v. 
Harbin, 226 S. C. 585, 86 S. E. 2d 466 
(1955). 

A statute must declare a legislative 
policy, establish primary standards for 
carrying it out, or lay down intelligible 
principle to which administrative officer or 
body must conform, with proper regard 
for protection of public interests and with 
such degree of certainty as nature of case 
permits. South Carolina State Highway 
Dept. V. Harbin, 226 S. C. 585, 86 S. E. 
2d 466 (1955). 

Legislature may not delegate its power 
to make laws, but in enacting a law com- 
plete in itself, it may authorize administra- 
tive agency or board to fill up details by 
prescribing rules and regulations for com- 
plete operation and enforcement of the law 
within its expressed general purpose. South 
Carolina State Highway Dept. v. Harbin, 
226 S. C. 585. 86 S. E. 2d 466 /1 955). 

Presumption that officer will not act 
arbitrarily not controlling. — When courts 
are considering constitutionality of an act, 
they should take into consideration things 
which act affirmativelv permits, and not 
what action administrative officer may or 
may not take, and presumption that officer 
will not act arbitrarily but will exercise 
sound judgment and good faith cannot sus- 
tain delegation of unregulated discretion. 
South Carolina State Hiehway Dent. v. 
H^rhin, 226 S. C. 585, 86 S. E. 2d 466 
(1955). 

Power of appointment to office may be 
delegated. — Where the Legislature creates 
an office, it may, when not restricted by 
the Constitution, confer the power of ap- 
pointment thereto upon public officers or 
boards, as, for example, upon a judicial 
officer, or upon associations, corporations, 
or persons. This does not constitute an il- 
legal delegation of legislative powers, since 
the power of appointment to office is not 
legislative. Flovd v. Thornton, 220 S. C. 
414. 68 S. E. 2d 3M (1951). 

Power to classify certain persons as re- 
tailers for purpose of sales tax. — Section 
65-1. S59, which vests in the State Tax 
Commission limited discretionary power 
to classify certain persons as retailers when 
in its opinion it is necessary for the effi- 
cient administration of the Retail Sales 
Tax Act, does not violate this section. 



Act giving unreasonably preferential 
status to women candidates for office. — 
See note to S. C. Const.. Art. 11. § 3. 

Cited in City of Darlington v. Thompson, 
234 S. C. 89, 106 S. E. 2d 918 (1959). 



State v. Byrnes. 219 S. C. 485. 66 S. E. 
2d 33 (1951). 

This section is not violated by the provi- 
sions of the General Appropriation Act of 
1951 whereby the State Educational Fi- 
nance Commission is given power to pro- 
mulgate reasonable rules and regulations 
which shall have the force and effect of 
law, and the Governor and State Treas- 
urer are authorized to issue State School 
Bonds for the construction and improve- 
ment of public school facilities on the 
basis of Commission estimates of the pro- 
ceeds of the retail sales tax. State v. 
Byrnes, 219 S. C. 485. 66 S. E. 2d 33 
(1951). See §§ 21-58, 21-998. 

Act to settle pending litigation. — Act 
which undertook to settle pending litigation 
by payment of funds to county treasurer 
who should thereby be foreclosed of further 
claim against county on account of tax 
executions issued by him, was not uncon- 
stitutional exercise of a judicial function. 
Bynum v. Barron, 227 S. C. 339, 88 8. E. 
2d 67 (1955). 

Statute is an unlawful delegation of 
legislative powers which in effect reposes 
absolute, unregulated, and undefined dis- 
cretion in administrative body thereby be- 
stowing arbitrary powers. South Carolina 
State Highway Dept. v. Harbin, 226 S. C. 
585, 86 S. E. 2d 466 (1955). 

This section is violated by provision of 
§ 46-172 whereby Highway Department is 
given absolute, unregulated and undefined 
discretionary power to suspend or revoke 
driver's license. South Carolina State High- 
way Dept. v. Harbin, 226 S. C. 585, 86 
S. E. 2d 466 (1955). 

And by municipal ordinance incorporat- 
ing general powers authorized by § 36-505, 
whereby public officer may determine that 
a dwelling is unfit for human habitation. 
Richards v. City of Columbia, 227 S. C 
538. 88 S. E. 2d 683 (1955). 

Legislative delegation may not execute 
laws passed by legislature. — § 65-1074.1 pro- 
viding that roads designated for hard sur- 
facing in State Secondary Highway System 
in any fiscal year shall be selected from 
list submitted by Senator and at least one- 
half of House legislative delegation of 
county in which such roads may be located, 
contravenes this section as an encroach- 
ment upon powers of executive branch of 
state government. Dean v. Timmerman, 
234 S. C. 35, 106 S. E. 2d 665 (1959). 

Legislative delegation may not execute 
laws passed by legislature. — The provision 



15 



Art. 1, § 15 



Code; op Laws of South Carolina 



Art. 1. § 17 



in § 14-1356 and § 1 of Act No. 804, 1954 
(48) 2018, preventing county auditor from 
levying tax without approval of county 
legislative delegation contravenes this sec- 
tion. Atty. Gen. Op., Aug. 25, 1954. 
IV. JUDICIAL POWERS. 

Constitutional court should not be re- 
quired to perform non-judicial functions. 
Board of Bank Control v. Thomason, 236 
S. C. 158, 113 S. E. 2d 544 (I960). 

Court's review of orders of administrative 
bodies limited. — Statutes undertaking to 
give courts de novo review of orders of 
administrative bodies exercising non-ju- 
dicial functions construed as providing for 
only a limited review, in order not to offend 
constitutional requirement of this section. 
Board of Bank Control v. Thomason, 236 
S. C. 158, 113 S. E. 2d 544 (1960). 

Determination of sufficiency of special 
fund to meet obligations of bonds. — The 
determination of the sufficiency of the spe- 

§ 15. Courts; remedy. 

Section secures to residents access to 
State courts. — When resident of this state 
sues foreign corporation doing business in 
this state, upon a transitory cause of action, 
it would not be consistent with sound pub- 
lic policy to deny such resident access to 
the courts of this state for adjudication of 

§ 16. Searches and seizures. 

Cited in Richards v. City of Columbia, 
227 S. C. 538, 88 S. E. 2d 683 (1955). 

§ 17. Presentment of g^rand jury ; not 

I. PRIVATE PROPERTY. 
A. Scope of Private Property Provision. 

§§ 33-135 and 33-136 implement this sec- 
tion by providing method of ascertaining 
amount of just compensation to which land- 
owner entitled by reason of the taking of 
his property by governmental agency. 
Johnson v. South Carolina State Highway 
Dept., 236 S. C. 424, 114 S. E. 2d 591 
(I960). 

This section applicable where private 
property taken for public use by State, any 
of its agencies, or by municipal corporation. 
Smith V. City of Greenville, 229 S. C. 252, 
92 S. E. 2d 639 (1956). 
. Public benefit and public use are not 
synonjmious in the better and more clearly 
constitutional view. The latter (public use) 
is necessary for the constitutional exer- 
cise of the power of eminent domain. Book- 
hart V. Central Elec. Power Cooperative, 
219 S. C. 414, 65 S. E. 2d 781 (1951); 
Edens v. City of Columbia, 228 S. C. 563, 
91 S. E. 2d 280 (1956). 

"Public use" means just that; it means 
the same as "use by the public," and pri- 
vate property cannot be taken except for 
public use without consent of owner. Edens 
V. City of Columbia, 228 S. C. 563, 91 
S. E. 2d 280 (1956). 



cial fund derived from the proceeds of the 
retail sales tax to meet interest and princi- 
pal maturities of such school bonds as 
shall be issued under § 21-998 is in the 
nature of a judicial function, but is not 
such as may not be delegated to executive 
and administrative officers under the Con- 
stitution. State V. Byrnes, 219 S. C. 485, 
66 S. E. 2d 33 (1951). 

Courts may not, by mandamus or other- 
wise, direct the appropriation of public 
funds, for to do so would be to trespass 
upon the legislative domain. Gregory v. 
Rollins, 230 S. C. 269. 95 S. E. 2d 487 
(1956). 

Court may not, by mandamus, compel 
payment of a judgment against county out 
of its surplus funds for that would, in 
effect, amount to appropriation in the 
legislative sense of that word. Gregory v. 
Rollins, 230 S. C. 269, 95 S. E. 2d 487 
(1956). 



his rights, and, conceding the advisability 
of adopting the doctrine of forum non con- 
veniens, it should not be applied in this 
case. Chapman v. Southern Railway Com- 
panv, 230 S. C. 210, 95 S. E. 2d 170 (1956). 
Cited in Floyd v. Thornton, 220 S. C. 
414, 68 S. E. 2d 334 (1951). 



tried twice; private property. 

Public use is judicial question. — While 
legislative findings are entitled to defer- 
ence, what is a public use is ultimately a 
judicial question, and, when contested, is 
responsibility of court to decide. Edens v. 
City of Columbia, 228 S. C. 563, 91 S. E. 
2d 280 (1956). 

Issue of necessity for taking tried by 
court. — Where, in eminent domain proceed- 
ings, the factual issue of the necessity of 
taking the property is for trial by the court, 
an impartial tribunal, this satisfies the State 
and Federal constitutional requirements of 
due process of law and aflfords equal pro- 
tection of the law. Bookhart v. Central 
Elec. Power Cooperative, 219 S. C. 414, 
65 S. E. 2d 781 (1951). 

Delegation of power of eminent domain 
to acquire land for private use is uncon- 
stitutional. Edens v. Citv of Columbia, 228 
S. C. 563. 91 S. E. 2d 280 (1956). 

Private property provision of section is 
self-executing and may, without enabling 
legislation, be invoked by individual whose 
property has been taken for public use. 
Smith V. City of Greenville. 229 S. C. 252, 
92 S. E. 2d 639 (1956); Clarke v. City of 
Greer, 231 S. C 327, 98 S. E. 2d 751 (1957). 

This section gives consent to sue where 
there is taking of private property for pub- 



16 



Art. 1, § 17 Constitution of the^ State of South Carolina Art. 1, § 17 



lie use no enabling legislation being neces- 
sary, and right to bring suit for compen- 
sation immediately arises. Moseley v. South 
Carolina Highway Department, S. C. 

, 115 S. E. 2d 172 (1960). 

Private property provision of section is 
self-executing and its protection extends to 
every essential element of ownership. Derby 
Heights, Inc. v. Gantt Water and Sewer 
District, S. C. ,116 S. E. 2d 13 

(I960}. 

Private property provision of section 
self-executing and right to compensation 
may not be taken away or restricted by 
Legislature. Moseley v. South Carolina 
Highway Department, S. C. ,115 

S. E. 2d 172 (1960). 

Exercise of oower of eminent domain by 
rural electric cooperative. — See note to § 
12-1025. 

Wife is not necessary party to proceed- 
ing to condemn husband's real estate. Shel- 
ton v. Shelton, 225 S. C. 502, 83 S. E. 
2d 176 (1954). 

Inchoate right of dower subordinate to 
public right of eminent domain and is de- 
feated by the taking of land for public use. 
Shelton v. Shelton, 225 S. C. 502, 83 S. 
E. 2d 176 (1954). 

Condemnation of letten premises termi- 
nates the lease and with it reciprocal rights 
and obligations of parties to it. Farr v. 
Williams, 232 S. C. 208, 101 S. E. 2d 483 
(1957). 

Town ordinance to require all businesses 
to close at midnight will seriously impair, 
if not destroy, many lawful businesses and 
is violative of this section. Painter v. Town 
of Forest Acres, 231 S. C. 56, 97 S. E. 2d 
71 (1957). 

Dower interest divested by condemna- 
tion. — As between holder of an inchoate 
right of dower and the sovereign, or politi- 
cal unit to which right of eminent domain 
has been delegated, wife is divested of any 
dower interest in land when condemned 
and compensation paid. Shelton v. Shel- 
ton, 225 S. C. 502, 83 S. E. 2d 176 (1954). 

Since law action lies hereunder for com- 
pensation absent statute. 

Add under this catchline in Code: 

Where right to compensation is claimed 
by landowner and denied by municipality, 
the provisions of chapter 5, of Title 25, §§ 
25-161 to 25-171, are not exclusive since 
they do not provide a method for determin- 
ing right to compensation when such right 
is denied, and proper remedy is to bring 
action in Court of Common Pleas under 
authority of this section. Godwin v. Carri- 
gan, 227 S. C. 216, 87 S. E. 2d 471 (1955); 
Smith V. City of Greenville, 229 S. C. 252, 
92 S. E. 2d 639 (1956). 

Municipality may not be ejected. — Even 
though municipality entered as trespasser, 
it may not be ejected as an ordinary tres- 
passer, for, having right to take property 



under condemnation, it may retain posses- 
sion upon payment of due compensation 
for the taking. Clarke v. City of Greer, 231 
S. C. 327, 98 S. E. 2d 751 (1957). 

Meaning of "just compensation."— -"Just 
compensation" to which landowner is en- 
titled under this section is compensation 
for the taking and not for land taken, and 
the land is considered as a whole and the 
landowner's damage the diminution of its 
value by reason of the public work. Smith 
V. City of Greenville, 229 S. C. 252, 92 
S. E. 2d 639 (1956). 

Question of whether landowner making 
profit not issue in condemnation proceeding, 
and trial judge erred in charging jury that 
property owner could not be allowed to 
make a profit at public expense. Johnson v. 
South Carolina State Highway Dept., 236 
S. C. 424, 114 S. E. 2d 591 (1960). 

Particular elements of value may be 
shown for assessing compensation. — Fact 
that property taken should be valued as a 
whole for purpose of assessing compensa- 
tion for the taking, does not preclude ad- 
mission of testimony showing particular 
elements of value for consideration by jury 
in arriving at overall value which they are 
required to find as basis of compensation. 
Early v. South Carolina Public Service 
Auth., 228 S. C. 392, 90 S. E. 2d 472 
(1955). 

Exclusion of benefits in Article IX, Sec- 
tion 20, but not in this section implied that 
under latter benefits to landowner were to 
be considered in determining amount of 
his "just compensation." Smith v. City of 
Greenville, 229 S. C. 252, 92 S. E. 2d 639 
(1956). 

Benefits to be offset against value of 
land actually taken. — In landowner's action 
against municipality for a taking of his 
land, benefits to landowner should be taken 
into consideration not only as an offset 
against damages to residue of his land, but 
also against value of land actually taken. 
Smith V. City of Greenville, 229 S. C. 252, 
92 S. E. 2d 639 (1956). 

Eminent domain and the police power 
are not the same, notably, just compensa- 
tion is made in case of exercise of eminent 
domain, but none for loss by property 
owner which results from constitutional 
exercise of the police power. Edens v. City 
of Columbia, 228 S. C. 563, 91 S. E. 2d 
280 (1956). 

Eminent domain may not be exercised 
for redevelopment plan. — Exercise of power 
of eminent domain for execution of Re- 
development Law (Title 36, chapter 4. 
§§ 36-401 et seq.), whereby blighted area 
would be condemned and sold to private 
persons and corporations for sites for light 
industry, is unconstitutional as violative of 
this section. Edens v. Citv of Columbia, 
228 S. C. 563. 91 S. E. 2d 280 (1956). 

Zoning founded in police power. — Au- 
thority of municipality to enact a zoning 



17 



Art. 1, § 17 



Code; of Laws of South Caroi^ina 



Art. 1, § 17 



ordinance restricting use of privately owned 
property is founded not in eminent domain, 
but in the police power. James v. City of 
Greenville, 227 S. C. 565. 88 S. E. 2d 661 
(1955). 

Loss by reason of proper zoning not 
compensable. — One is not entitled to com- 
pensation tor restriction of use, or for depri- 
vation, of his property as result of proper 
exercise of the police power. James v. City 
of Greenville, 227 S. C. 565, 88 S. E. 2d 661 
(1955). 

Applied in Shonnard v. South Carolina 
Public Service Authority, 217 S. C. 458, 
60 S. E. 2d 894 (1950). 

Cited in Wilder v. South Carolina High- 
way Dept., 228 S. C. 448, 90 S. E. 2d 635 
(1955) ; Corbin v. Cherokee Realty Com- 
pany, 229 S. C. 16, 91 S. E. 2d 542 (1956). 
B. "Taking" of Private Property. 

"Taken" includes "damaged."— The Su- 
preme Court has thus far, on the facts 
then before it, so construed the word 
"taken" as to include the word "damaged." 
MoSs V. South Carolina State Highway 
Dept., 223 S. C. 282, 75 S. E. 2d 462 
(1953). 

"Taking" includes "damaging," and pro- 
tection of this section extends to all cases 
in which any of the essential elements of 
ownership has been destroyed or impaired 
as result of erection or maintenance of 
public work or enterprise, whether or not 
there has been physical invasion of prop- 
erty itself. Early v. South Carolina Public 
Service Auth., 228 S. C. 392, 90 S. E. 2d 
472 (1955). 

Under this section there is no distinc- 
tion between "taking" and "damaging," 
and a deprivation of ordinary beneficial 
use and enjoyment of one's property is 
equivalent to the taking of it, and is as 
much a "taking" as though the property 
were actually appropriated. Webb v. 
Greenwood County, 229 S. C. 267, 92 S. E. 
2d 688 (1956). 

Power company liable if dam is direct 
and proximate cause of injury to neighbor- 
ing property, although its dam is con- 
structed and maintained under proper gov- 
ernmental authority and in most skillful 
manner. Hilton v. Duke Power Company, 
254 F. 2d 118 (1958). 

As long as dam remained at level con- 
templated by condemnation right acquired 
by power company included damage which 
might accrue from proper and reasonable 
use of right granted, but when dam raised, 
resultant injury constituted new taking of 
property for which power company was 
liable to pay just compensation. Hilton v. 
Duke Power Company, 254 F. 2d 118 
(1958). 

Damages. — "Just compensation" to which 
landowner is entitled under this section is 
compensation for the taking and not for 
land taken, and the land is considered as a 
whole and the landowner's damage the 



diminution of its value by reason of the 
public work. Smith v. City of Greenville, 

229 S. C. 252, 92 S. E. 2d 639 (1956). 

Continuing cause of action. — If injury to 
neighboring lands by dam caused by negli- 
gence, or if cause is abatable, then there 
arises continuing cause of action, and while 
limitations begin to run at occurrence of 
first actual damage, landowner may at any 
time recover for injury to his land which 
occurred within period of § 10-143. Hilton v. 
Duke Power Company, 254 F. 2d 118 
(1958). 

Statute of limitations may bar recovery, 
— While the right to compensation is con- 
stitutionally created, it is settled law that 
six-year S. C. statute of limitations for 
damage or injury to real estate (§ 10-143) 
is a statute of repose, affects the remedy, 
not the right, and may operate to bar re- 
covery by neighboring landowner who has 
suffered injury from maintenance of a dam. 
Hilton v. Duke Power Company, 254 F. 
2d 118 (1958). 

"Taking" must be permanent or of a 
permanent nature, and accidental or negli- 
gent impairment of value of property is 
not a taking but at most a tort. Collins v. 
City of Greenville, 233 S. C. 506, 105 
S. E. 2d 704 (1958). 

Permanent injury constitutes single 
cause of action. — Under this catchline in 
Code add: 

Landowner's action for consequential 
damages as result of flooding of his lands 
by release of impounded waters from 
county hydroelectric plant, without any 
element of improper or negligent opera- 
tions or abatable nuisance, constitutes one 
cause of action for a permanent taking of 
his lands. Webb v. Greenwood Countv, 
229 S. C. 267, 92 S. E. 2d 688 (1956)._ 

Injury by permanent cause constitutes 
single cause of action. — Once some actual 
injury suffered, if cause is permanent, non- 
negligent, and not subject to abatement, a 
single right of action accrues in which land- 
owner must seek recovery for both past and 
future damages, if permanency and extent 
of prospective injuries are, or should be, 
known to landowner. Hilton v. Duke Power 
Company, 254 F. 2d 118 (1958). 

When right of action accrues. — South 
Carolina rule is that there is a taking with- 
in meaning of Constitution and conse- 
quently an accrual of right of action when 
privately owned neighboring real estate 
actually invaded by superinduced additions 
of water, earth, sand or other material, but 
landowner acquires no rights against owner 
of dam and limitations do not begin to run 
until actual injury occurs. Hilton v. Duke 
Power Company, 254 F. 2d 118 (1958). 

If existing injury must necessarily con- 
tinue or increase and if amount of damage 
can be determined or estimated, cause of 
action as to future damage accrues at once. 



18 



Art. 1, § 17 Constitution o^ rut State: of South Carolina Art. 1, § 17 



Hilton V. Duke Power Company, 254 F. 2d 
118 (1958). 

If actual injury amounting to a taking 
occurs, suit must be brought within period 
of limitations by property owner not only 
for actual injury that has occurred but also 
for any additional injuries which were fore- 
seeable and estimable when taking occurred, 
and recovery may subsequently be had for 
additional injuries not foreseeable and 
estimable when taking occurred if suit is 
brought within period of limitations after 
such injuries have been realized. Hilton v. 
Duke Power Company, 254 F. 2d 118 
(1958). 

Question of whether prospective injury 
subject to reasonable estimation ordinarily 
proper one for jury, in determination of 
when cause of action for future damage 
accrues. Hilton v. Duke Power Company, 
254 F. 2d 118 (1958). 

"Taking*' in exercise of sovereign's navi- 
gation servitude. — Right of sovereign, in 
exercise of navigation servitude, to take 
or damage or destroy private property 
without obligation to compensate therefor 
extends to bed of navigable stream, i. e. to 
mean high water mark on either bank, and 
no fartlver; and for damage beyond that 
boundary this section requires just com- 
pensation. Early v. South Carolina Public 
Service Auth., 228 S. C. 392, 90 S. E. 2d 
472 (1955). 

C. Where Private Property Taken. 

Invasion of fast land by abnormal tides 
causing damage resulting from sovereign's 
act. — Tides periodically rise above mean 
or normal high water mark, and such in- 
vasion of fast land is not fortuitous hap- 
pening but inevitable, and if such periodic 
overflow which before had been harmless 
has been made destructive because of act 
of sovereign, the damage so caused proxi- 
mately results from sovereign's act. Early 
v. South Carolina Public Service Auth., 
228 S. C. 392, 90 S. E. 2d 472 (1955). 

Salt water infiltration of property. — 
Where public service authority constructed 
dam across river, which with its tributaries 
adjoined and flowed through owner's prop- 
erty, and diverted greater part thereof into 
another river, and as result river and its 
tributaries became saline from ocean and 
on abnormal high tides invaded owner's 
land causing damage in destruction of 
normal vegetation, such damage and de- 
basement of value was a taking within con- 
templation of this section. Early v. South 
Carolina Public Service Auth., 228 S. C. 
392. 90 S. E. 2d 472 (1955). 

Established water lines incorporated in 
public water district system. — Where public 
water district took over and used in its 
water system water lines constructed by 
private owners in connection with their 
residential subdivisions, such owners were 
entitled to compensation for the taking of 
their property. Derby Heights, Inc. v. Gantt 



Water and Sewer District, S. C. , 

116 S. E. 2d 13 (1960). 
D. Where Private Property Not Taken. 
Use of public funds for construction of 
cafeteria in State building. — See Caldwell 
V. McMillan, 224 S. C. 150, 77 S. E. 2d 
798 (1953). 

Repair, alteration or destruction of sub- 
standard dwellings. — Municipal ordinance 
enacted in exercise of police power granted 
by chapter 5, of Title 36 (§§ 36-501 et seq.), 
providing for repair, alteration or demoli- 
tion of dwellings unfit for habitation was 
not invalid as a taking and destruction of 
property for public use without just com- 
pensation. Richards v. City of Columbia, 
227 S. C. 538, 88 S. E. 2d 683 (1955). 

Statute making practice of Naturopathy 
unlawful. — Dantzler v. Callison, 230 S. C. 
75, 94 S. E. 2d 177 (1956).^ 

Power of government in interest of navi- 
gation extends to entire bed of stream, i. e. 
to ordinary high water mark on either side, 
and whatever private rights or interests a 
riparian owner may have within those 
boundaries may be taken or destroyed _ in 
exercise of that power without obligation 
on part of government to compensate him 
therefor. Early v. South Carolina Public 
Service Auth., 228 S. C. 392, 90 S. E. 2d 
472 (1955). 

Damage as result of city neghgently 
causing sewage to back up. — Complaint 
alleging that in attempting to remove rags 
and waste material causing obstruction in 
sewer line, city negligently caused sewage 
to back up and overflow commodes in two 
buildings, causing damage, did not state a 
cause of action under this section because 
there was no taking for public use which 
was permanent and growing out of positive 
act of city, and such accidental or negli- 
gent impairment of value of property was 
not a taking, but at most a tort. Collins v. 
City of Greenville, 233 S. C. 506, 105 S. E. 
2d 704 (1958). 

II. COMPELLED TO BE A 
WITNESS. 
Compulsory examination of accused to 
determine mental condition. — Where in- 
sanity is interposed as a defense, the com- 
pulsory examination of an accused by ex- 
perts for the purpose of determining his 
mental condition and testifying in regard 
thereto does not violate the constitutional 
privilege of the accused of not being com- 
pelled to be a witness against himself. 
State v. Myers, 220 S. C. 309, 67 S. E. 
2d 506, 32 A. L. R. 2d 430 (1951); State v. 
Livingston, 233 S. C. 400, 105 S. E. 2d 73 
(1958). 

Compulsory physical examination of ac- 
cused. — Protection of this section and Fifth 
Amendment of U. S. Constitution does not 
extend to exclusion of evidence obtained 
through search of defendant or examina- 
tion of his person unaided by his enforced 



19 



Art. 1, § 18 



Code op Laws of South Carolina 



Art. 1, § 18 



testimony or positive action. State v. 
Green, 227 S, C. 1, 86 S. E. 2d 598 (1955). 

Protection afforded against self incrimi- 
nation may not be injected to invalidate 
court's order to appear or subpoena merely 
because of possibility that viritness may be 
asked some question answer to which 
might tend to incriminate him. Greenwood 
Lumber Co. v. Cromer, 225 S. C. 375, 82 
S. E. 2d 527 (1954). 

Defendant's refusal to submit to test to 
determine alcoholic content in blood. — In 
prosecution for operating motor vehicle 
while under influence of intoxicating li- 
quors, testimony of defendant's refusal to 
submit to chemical test designed to meas- 
ure the alcoholic content of his blood did 
not violate his constitutional privilege of 
not being compelled to be a witness against 
himself. State v. Smith, 230 S. C. 164, 94 
S. E. 2d 886 (1956). 

Evidence of alcohol content in blood 
secured with consent. — In prosecution for 
reckless homicide evidence did not warrant 
inference that defendant's blood sample was 
taken for blood test for alcohol content 
without his consent so as to raise questions 
of violation of his immunity from self-in- 
crimination under this section and U. S. 
Const. Amend. 5, and want of due process 
under U. S. Const. Amend. 14. State v. 
Sanders, 234 S. C. 233, 107 S. E. 2d 457 
(1959). 

Lie detector test. — In murder prosecu- 
tion where defendant sentenced to death, 
admission of testimony of defendant's re- 
fusal to take lie detector test constituted 
prejudicial error, even though trial judge 
instructed jury to disregard such testimony. 
State V. Britt, 235 S. C. 395, 111 S. E. 2d 
669 (1959). 

Comment of trial judge that defendant 
could take stand and testify. — In murder 
prosecution resulting in death penalty, 
comment of trial judge during course of 
trial that defendant could take the stand 
and testify himself on matter which had 
been excluded, was prejudicial error where 
defendant did not take witness stand. State 
V. Britt, 235 S. C. 395, 111 S. E. 2d 669 
(1959). 

Applied in State v. Floyd, 223 S. C. 413, 
n S. E. 2d 291 (1953); State v. Allen, 231 
S. C. 391, 98 S. E. 2d 826 (1957). 



§ 18. Trial by jury; witnesses. 

I. RIGHT TO BE FULLY HEARD. 

This provision guarantees a defendant the 
right to be heard on all questions of law 
and fact which may arise at any time dur- 
ing the prosecution, and it impHes that he 



IIL FORMER JEOPARDY. 

General test for double jeopardy. 

In accord with paragraph under this 
catchline in Code. See State v. Miller, 225 
S. C. 21, 80 S. E. 2d 354 (1954). 

When same act constitutes two distinct 
offenses, defendant may be prosecuted for 
each without being put in double jeopardy. 
State V. Butler, 230 S. C. 159, 94 S. E. 2d 
761 (1956). 

Larceny acquittal bars prosecution for 
same offense. — Where United States post 
office was in enclosure in center of store, 
acquittal of defendant under indictment 
charging larceny of goods of store, and of 
others, would bar prosecution under in- 
dictment charging larceny of money from 
the post office, since the offenses were 
identical both in law and in fact, and plea 
of autrefois acquit should have been sus- 
tained. State V. Miller, 225 S. C. 21, 80 
S. E. 2d 354 (1954). 

Breaking and entering acquittal does not 
bar prosecution for same offense as to 
premises of another. — Where United Statei 
post office was in enclosure in center of 
store, acquittal of defendant under indict- 
ment charging housebreaking and entering 
store would not bar prosecution under in- 
dictment charging same offense as to 
United States post office in possession of 
United States, and demurrer to plea of au- 
trefois acquit was properly sustained. State 
V. Miller, 225 S. C. 21, 80 S. E. 2d 354 
(1954). 

IV. INDICTMENT. 

Jurisdiction of offense of nonsupport. — 
Where husband and wife were living in 
another state and by his conduct he com- 
pelled wife to leave him, and she of neces- 
sity sought home in county in this State, 
his prosecution for violation of § 20-303 was 
properly instituted in such county, the 
offense being a continuing one. State v. 
Collins, 235 S. C. 65, 110 S. E. 2d 270 
(1959). 

Conviction under evidence showing dif- 
ferent offense from that in indictment- — 
Where the defendants were convicted of 
a crime for which they had been indicted 
by the grand jury — breaking and entering 
in the daytime — ,yet the evidence showed 
without dispute that the offense was com- 
mitted in the nighttime, which constitutes 
an entirely different offense from that 
charged, the conviction should not be per- 
mitted to stand. State v. Sweat, 221 S. C 
270, 70 S. E. 2d 234 (1952). 



require. State v. Mclntire, 221 S. C. 504, 
71 S. E. 2d 410 (1952). 

Assignment of counsel required only for 
capital offense. — There is no constitutional 
or statutory requirement that court assign 



shall have full opportunity and time as counsel for any person accused except 
justice and the necessities of the case may where offense charged is a capital one. 

20 



Art. 1, § 19 Constitution of the State of South Carouna Art. 1, § 25 



State V. HoUman, 232 S. C. 489, 102 S. E. 
2d ii73 (1958). 

Limiting each of seven attorneys for 
twenty-two defendants to five minutes in 
which to make a reply argument held er- 
ror. State V. Mclntire, 221 S. C. 504, 71 
S. E. 2d 410 (1952). 

Applied in State v. Hollman, 232 S. C. 
489, 102 S. E. 2d 873 (1958). 
III. RIGHT TO BE CONFRONTED 
WITH WITNESSES. 

This constitutional right of the defendant 
to be confronted by witnesses against him 
is restated in § 17-506. State v. Smith, 230 
S. C. 164, 94 S. E. 2d 886 (1956). 

Defendant has constitutional right to be 
confronted by witnesses against him. State 
V. Smith, 230 S. C. 164, 94 S. E. 2d 886 
(1956). 

Defendant cannot be denied right to 
cross examine witnesses against him, and 
their personal presence is required so that 
he may do so. State v. Smith, 230 S. C. 
164. 94 S. E. 2d 886 n956). 

Affidavits and depositions are inadmis- 
sible in evidence in a criminal case. Statp v. 
Smith, 230 S. C. 164, 94 S. E. 2d 886 (1956). 



Personal presence of witness is required 

so that defendant may cross examine him, 
which right cannot be denied defendant, 
and affidavits and depositions are inadmis- 
sible in evidence in a criminal case. State v. 
Smith, 230 S. C. 164, 94 S. E. 2d 886 (1956). 

No right to be present at hearing of mo- 
tion for new trial. — Refusal to permit the 
defendant to be present in person at the 
hearing of a motion for a new trial on 
newly or after discovered evidence did not 
violate this section. State v. Corn, 224 S. 
C. 74, 77 S. E. 2d 354 (1953). 

Report of magistrate admissible to show 
prior conviction. — On the trial of a person 
charged as a second offender for operating 
a motor vehicle while under the influence 
of intoxicating liquor, the admission in evi- 
dence of a report by a magistrate to the 
Highway Department, made pursuant to § 
46-347, for the purpose of showing a prior 
conviction, does not violate the right guar- 
anteed to an accused by this section, of be- 
ing "confronted with the witnesses against 
him." State v. Pearson, 223 S. C. 377, 76 
S. E. 2d 151 (1953). 



§ 19. Excessive bail; corporal punisliment; contempt. 



I. GENERAL CONSIDERATION. 

Unless sentence is within legal limits. 

In accord with paragraph under this 
catchline in Code. State v. Hall, 224 S. C. 
546. 80 S. E. 2d 239 (1954). 

Supreme Court may not disturb sentence 
because of alleged excessiveness. State v. 
Mayfield, 235 S. C. 11, 109 S. E. 2d 716 
(1959). 

Supreme Court without jurisdiction to 
disturb, because of alleged excessiveness, 
sentence which is within limits prescribed 
by statute, unless statute itself violates this 
section or sentence is result of partiality, 
prejudice, oppression or corrupt motive. 
State V. Conallv. 228 S. C. 507, 88 S. E. 
2d 591 (1955); State v. Alexander, 230 S. C. 
195. 95 S. E. 2d 160 (1956). 

Cited in State v. Heath, 232 S. C. 384, 
102 S. E. 2d 268 (1958). 

II. APPLICATION OF SECTION. 

The punishment for conspiracy to com- 
mit a crime may exceed the penalty pro- 
vided by statute for the completed offense. 
State v. Ferguson, 221 S. C. 300, 70 S. E. 
2d 355 (1952); State v. Mclntire, 221 S. 
C. 504, 71 S. E. 2d 410 (1952). 

Sentence to commence after service of 
prior sentence. — A ten-year sentence for 

§ 25. Trial by jury. 

Jury trials obtain only where allowed 
when Constitution adopted. 

In accord with 1st paragraph under this 
catchline in Code. See Richards v. City of 
Columbia, 227 S. C. 538, 88 S. E. 2d 683 
(1955). 



assault and battery with intent to kill, to 
commence after the service of a two-year 
sentence which defendant is in the process 
of serving, does not amount to cruel and 
unusual punishment. State v. King, 222 S. 
C. 108, 71 S. E. 2d 793 (1952). 

Sentence of two years for first offense 
unlawful manufacture of liquors, not ex- 
cessive. — Sentence of two years for unlaw- 
ful manufacture of liquors, even though a 
first offense, was, although somewhat 
harsh, not excessive where record did not 
disclose partiality, prejudice, oppression or 
corrupt motive on part of sentencing judge 
in exercise of his discretion. State v. Hall, 
224 S. C. 546. 80 S. E. 2d 239 (1954). 

Sentence not violative of this section.— 
Sentence of imprisonment for two years 
upon conviction of having in possession 
unstamped alcoholic liquor and storing and 
keeping it in possession, not violative of 
this section. State v. Anderson, 230 S. C. 
191, 95 S. E. 2d 164 (1956). 

Sentence of imprisonment for six years 
for grand larceny, being within limit of 
punishment prescribed by § 17-552, is not 
violative of this section. State v. Alexander, 
230 S. C. 195, 95 S. E. 2d 160 (1956). 



This section inapplicable to statutory 
proceeding not in nature of suit at common 
law. — Determination of whether a dwelling 
is substandard under terms of municipal 
ordinance enacted in exercise of police 
power granted by chapter 5, of Title 36 (§§ 



21 



Art. 2, § 1 



CoDB OF' Laws of South Carouna 



Art. 2, § 11 



36-501 et seq.), providing for repair, altera- 
tion or demolition of dwellings unfit for 
habitation, is not required by a jury. 



Richards v. City of Columbia, 227 S. C. 
538, 88 S. E. 2d 683 (1955). 



ARTICLE II. 
Right of Suffrage. 
§ 1. Elections by ballot. 

Cited in State v. Waitus, 224 S. C. 12, 11 
S. E. 2d 256 (1953). 

§ 2. Qualification for office ; two offices. 

Provided^ the limitation above set forth shall not prohibit any office holder from 
being a delegate to a constitutional convention. 
1951 (47) 798; 1953 (48) 72. 



Effect of amendment. — The amendment 
added the above proviso at the end of this 
section. The rest of the section was not 
changed, and is therefore not set out. 

Cross reference. — As to power of legis- 
lature to prescribe additional qualifications 
for office of school trustee, see note to S. 
C. Const., Art. 11, § 3. 

I._ GENERAL CONSIDERATION. 

Cited in Dillon County v. Maryland Cas. 
Co., 217 S. C. 66, 59 S. E. 2d 640 (1950). 

II. APPLICATION OF SECTION. 

And also ex officio membership on com- 
mission. 



In accord with paragraph under thli 
catchline in Code. See Welling v. Clinton 
Newberry Natural Gas Authority, 221 S. 
C. 417, 71 S. E. 2d 7 (1952). 

This section applies only to offices cre- 
ated by the Constitution. Lee v. Clark, 224 
S. C. 138, 11 S. E. 2d 485 (1953). 

Holding offices of fire warden under 
§ 29-56 and magistrate's constable not vio- 
lative of this section. Atty. Gen. Op. Jan. 
3, 1956. 

Act giving unreasonable preferential 
status to women candidates for office. — See 
note to S. C. Const., Art. 11, § 3. 



§ 4. Qualifications for suffrage. 

The qualifications for suffrage shall be as follows: 

(a) Residence. Residence in the State for two years, in the county for one year, 
in the polling precinct for which the elector offers to vote for four months; pro- 
vided, that ministers in charge of an organized church and teachers in public schools 
and the spouses of any such person shall be entitled to vote after six months resi- 
dence in the State, otherwise qualified. 
* * * 

1929 (36) 695; 1931 (37) 105, 246; 1957 (50) 684; 1959 (51) 317. 



Effect of amendment. — The amendment 
added spouses of ministers and teachers in 
the proviso. 

\. GENERAL CONSIDERATION. 

Cited in Beaufort County v. Jasper 
County, 220 S. C. 469, 68 S. E. 2d 421 
(1951). 



III. REGISTRATION. 

Ownership of property not required.— 
If applicant can read and write as here 
provided, he may register, if otherwise 
qualified, even if he owns no property what- 
ever. Atty. Gen. Op. Apr. 23, 1958. 

Taxes paid are those of last year, not 
current year. Atty. Gen. Op. Apr. 8, 1958. 



§ 6. Persons disqualified from voting. 

One convicted of assault with intent to v. Chasteen, 231 S. C. 141, 97 S. E. 2d 517 

ravish is disfranchised by this section. State (1957). 

§ 11. Closing books of registration. 

Person becoming 21 within thirty days of election, and registration books covering 

general election may register and vote in area of school district must be closed thirty 

primary. Atty. Gen. Op. Jan. 17, 1958. days before such election. Atty. Gen. Op. 

This section applies to school district Jan. 11, 1958. 



22 



Art. 3, § 1 Constitution of th:e State of South Carowna Art. 3, § 17 



ARTICLE III. 
Legislative Department. 



§ 1. Legislative power vested in two 

I. GENERAL CONSIDERATION. 

Section confers legislative power upon 
General Assembly. — Powers of General 
Assembly are plenary and not acquired 
from constitution, and it may enact such 
legislation as is not expressly or by clear 
implicaton prohibited by the constitution. 
State V. Seigler, 230 S. C. 115, 94 S. E. 2d 
231 (1956). 

Legislative power of General Assembly 
subject only to such restrictions as are con- 
tained in Constitution of this State or of 
United States. Deese v. Williams, 236 
S. C. 292, 113 S. E. 2d 823 (1960). 

II. LAWS NOT IN VIOLATION 
OF SECTION. 

Section 6-334, relating to the appointment 
of a technical livestock committee, and § 
6-345, delegating to such committee the 
power to make and enforce rules and reg- 



branches. 

ulations, do not violate this section. State 
v. Taylor, 223 S. C. 526, 11 S. E. 2d 195 
(1953). 

Section 50-9.1 providing for suspension 
of officer indicted for crime, and § 50-9.2 
requiring Governor to declare office vacant 
upon conviction, do not delegate legislative 
powers and do not violate this section. 
State V. Seigler, 230 S. C. 115, 94 S. E. 2d 
231 (1956). 

Statute providing for appointment of 
State Board of Bank Control. — Floyd v. 
Thornton, 220 S. C. 414, 68 S. E. 2d 334 
(1951). See § 8-52 and note. 

Legislature has power to set time in 
which validity of will may be challenged, 
as it has done in § 19-255. Wooten v. 
Wooten, 235 S. C. 228, 110 S. E. 2d 922 
(1959). 



§ 11. Election returns; quorum; absent members. 

Supreme Court vnthout jurisdiction of challenged because of failure of timely 

application for writ of certiorari to review compliance with requirements of § 23-265. 

proceedings of Board of State Canvassers Scott v. Thornton, 234 S. C. 19, 106 S. E. 

in senate election validity of which was 2d 446 (1959). 

§ 14. Members in attendance protected. 

Cited in Tennev v. Brandhovp. 341 IJ. 
S. 367, 71 S. Ct. 783, 95 L. Ed. 1019 (1951). 



§ 17. One subject. 

I. GENERAL CONSIDERATION. 

Purpose of this section is to prevent 
deception of the public and to prevent in- 
sertion of matters not germane to the gen- 
eral subject. Dantzler v. Callison, 230 S. C. 
75, 94 S. E. 2d 177 (1956). 

Purpose of this section is to prevent 
General Assembly from being misled into 
passage of bills containing provisions not 
indicated in their titles, and to apprise the 
people of subject of proposed legislation 
and thus give them opportunity to be heard 
if they so desire. Colonial Life & Accident 
Ins. Co. V. South Carolina Tax Commis- 
sion, 233 S. C. 129, 103 S. E. 2d 908 (1958). 

Or legislation by surprise or fraud. — In 
accord with paragraph under this catchline 
in Code. See Dantzler v. Callison, 230 S. C. 
75, 94 S. E. 2d (1956). 

This section is to be construed with great 
liberality. Dantzler v. Callison, 230 S. C. 75, 
94 S. E. 2d 177 (1956). 

And should not be narrowly or techni- 
cally enforced. 

In accord with paragraph under this 
catchline in Code. See Dantzler v. Callison, 
230 S. C. 75, 94 S. E. 2d 177 (1956). 

But liberality of construction should not 
be extended to such a point as to foster 



abuses which its provisions are designed to 
prevent. Colonial Life & Accident Ins. Co. 
V. South Carolina Tax Commission, 233 
S. C. 129, 103 S. E. 2d 908 (1958). 

A statute should be upheld if possible. — 
In accord with paragraph under this catch- 
line in Code. See Dantzler v. Callison, 230 
S. C. 75, 94 S. E. 2d 177 (1956). 

Applied in Dillon County v. Maryland 
Cas. Co., 217 S. C. 66, 59 S. E. 2d 640 
(1950). 

II. TITLE OF ACT. 

Title need not be index to act's contents. 
— The title of an act is not of necessity a 
full index of the contents and, therefore, 
need not go into detail of every expendi- 
ture provided in the act itself when the 
general subject of the act is expressed in 
the title. The details, names, methods or 
instrumentalities with which the general 
purpose is to be accomplished, and are 
germane to the act, may be expressed in 
the body thereof without violating this sec- 
tion. Caldwell v. McMillan, 224 S. C. 150, 
11 S. E. 2d 798 (1953); Colonial Life & 
Accident Ins. Co. v. South Carolina Tax 
Commission, 233 S. C. 129, 103 S. E. 2d 908 
(1958). 



23 



Art. 3, § 18 



Code op Laws of South Carolina 



Art. 3, § 26 



III. APPLICATION OF SECTION. 
A. Acts Held Constitutional. 

Amendatory act providing for election 
of sheriff in Kershaw county at 1954 gen- 
eral election and every four years there- 
after did not violate this section. Brown v. 
Moseley, 22 S. C. 1, 71 S. E. 2d 591 (1952). 

The General Appropriation Act of 1951, 
which provided, among other things, for 
a program of construction of school build- 
ings and other school facilities in the State, 
and for financing this program by authoriz- 
ing the issuance of general obligation bonds 
of the State, and for a general retail sales 
tax, and pledge of sufficient revenue there- 
from to retire the bonds authorized in the 
act, did not violate this section. State v. 
Byrnes, 219 S. C. 485, 66 S. E. 2d 33 
(1951). 

The General Appropriation Act of 1952, 
which contained a proviso authorizing the 
State Highway Department to construct, 
equip and have operated a cafeteria for its 
employees in its Administration Building, 
did not violate this section. Caldwell v. Mc- 
Millan, 224 S. C. 150, n S. E. 2d 798 
(1953). 

County Supply Act providing for settle- 
ment of litigation. — Settlement of pending 
litigation affecting fiscal affairs of the coun- 
ty is clearly a proper subject to be dealt 
with in a county supply Act, and proper 
reference was made to it in the title of the 
Act. Bvnum v. Barron, 227 S. C. 339, 88 
S. E. 2d (n (1955). 

§ 18. Formalities of act. 

Act is conclusively presumed to be prop- 
erly enacted. 

In accord with paragraph under this 



Act prohibiting practice of Naturopathy. 

—Act repealing §§ 56-901 thru 56-919 and 
making the practice of Naturopathy un- 
lawful (§ 56-900) does not violate this 
section. Dantzler v. Callison, 230 S. C. 75, 
94 S. E. 2d 177 (1956). 

Bill for referendum on method of elect- 
ing county board of commissioners does 
not violate this section liberally construed. 
Atty. Gen. Op., Mar. 9, 1959. 

B. Acts Held Unconstitutional. 

The General Appropriation Act of 1951. 
—While Sec. 96 of Art. I of that Act im- 
posing license tax on insurance companies 
is not wholly unrelated to subject of state 
finances, such permanent legislation is not 
so inherently a part of ordinary fiscal affairs 
of state as to justify its incorporation into 
a general appropriation act without ref- 
erence to it in title of act, and Sec. 96 of 
Art. I of that Act was invalid as violative 
of this section. Colonial Life & Accident 
Ins. Co. v. South Carolina Tax Commis- 
sion, 233 S. C. 129. 103 S. E. 2d 908 (1958). 
(Editor's note. — The Court pointed out 
that Section 96 of Article I of 1951 General 
Appropriation Act was incorporated into 
1952 Code as Art. 3. of Chap. 11, of Title 65 
(§§ 65-931 through 65-936), and it Avas vali- 
dated by such codification as a part of the 
general statutory law of the state, without 
reference to title of act of which it had been 
a section and notwithstanding inadequacy 
of that title.) 



catchline in Code. See State v. Byrnes, 219 
S. C. 485, 66 S. E. 2d 33 (1951). 



§ 19. Mileage; increase of per diem; compensation for extra session. 

Each member of the General Assembly shall receive such mileage allowance for 
the ordinary route of travel in going to and returning from the place where its 
sessions are held as the General Assembly may provide by law ; no General As- 
sembly shall have the power to increase the per diem of its own members ; and 
members of the General Assembly when convened in extra session shall receive the 
same compensation as is fixed by law for the regular session. 

1954 (48) 1856; 1955 (49) 75. 

Effect of amendment. — The amendment mileage to be such as the General Assem- 
eliminated fixed mileage and provided for bly may provide. 

§ 26. Oath of office. 

Members of the General Assembly, and all officers, before they enter upon the 
duties of their respective offices, and all members of the bar, before they enter upon 
the practice of their profession, shall take and subscribe the following oath : "I do 
solemnly swear (or affirm) that I am duly qualified, according to the Constitution 
of this State, to exercise the duties of the office to which I have been elected, (or 
appointed), and that I will, to the best of my ability, discharge the duties thereof, 
and preserve, protect and defend the Constitution of this State and of the United 
States. So help me God." 

1954 (48) 1852; 1955 (49) 23. 

24 



Art. 3, § 27 Constitution of the^ State of South Carolina Art. 3, § 34 



Effect of amendment. — The amendment 
eliminated the dueling provisions. 

§ 27. Removal of officer. 

Power of legislature as to constitutional 
office. — General Assembly does not have 
such control of a constitutional office as to 
abolish, vary its term, prescribe a different 
mode of filling such office, remove or 
suspend the office holder unless authority 
for such action is found in the Constitu- 
tion; but it may provide for removal of such 
officers as fail to meet standards or require- 
ments of the Constitution. State v. Seigler, 
230 S. C. 115, 94 S. E. 2d 231 (1956). 

Power of legislature to remove sheriff. — 
In accord with this catchline in Code. See 
State V. Seigler, 230 S. C. 115, 94 S. E. 



2d 231 (1956). 

Constitution has provided no mode for 
removal of sheriflFs for incapacity, mis- 
conduct or neglect of duty, and hence such 
removal may be provided by Legislature, 
which was done by §§ 50-9.1 and 50-9.2 
within the framework of this section, and 
temporary suspension being a step and 
incident to removal is implied in power 
of removal, and under provisions of §§ 50- 
9.1 Governor may suspend without notice 
if he does not act arbitrarily. State v. 
Seigler, 230 S. C. 115, 94 S. E. 2d 231 
(1956). 



30. Extra compensation not permitted; appropriations for repelling in- 
vasion. 



County officer may be changed from sal- 
ary to fees. — General Assembly may provide 
by law for future compensation of county 
officer by fees after having formerly placed 
him upon an exclusive salary basis of com- 
pensation. Bynum v. Barron, 227 S. C. 339, 

§ 31. Public lands. 

This section refers to lands owned by 
State. — The lands referred to in this section 
are public lands belonging to and con- 
trolled by the state in its capacity as 
sovereign proprietor. Bobo v. City of Spar- 
tanburg, 230 S. C. 396, 96 S. E. 2d 67 
(1956). 



88 S. E. 2d 67 (1955). 

Legislature cannot retroactively increase 
travel allowance of county commissioners, 
even though amount appropriated in pre- 
vious years was insufficient for that purpose. 
Atty. Gen. Off. Op. No. 585, Aug. 20, 1959. 



Agreement between municipality and 
private corporation for exchange of land 
and sale to latter of city owned land did 
not violate this section, as property in- 
volved was not land belonging to or under 
the control of the State. Bobo v. City of 
Spartanburg, 230 S. C. 396, 96 S. E. 2d 
67 (1956). 



§ 33. Marriages of whites and negroes ; sexual intercourse. 



other element necessary to establish crime 
of rape is fact that defendant had sexual 
intercourse with her. State v. Whitener, 
228 S. C. 244, 89 S. E. 2d 701, cert. den. 350 
U. S. 861, Id S. Ct. 101, 100 L ed 764 
(1955). 



IL SEXUAL INTERCOURSE. 
§§ 16-71, 16-72 and 16-80 subservient to 
age of consent provision of this section. 

State V. Whitener, 228 S. C. 244, 89 S. E. 
2d 701, cert. den. 350 U. S. 861, It S. Ct. 
101, 100 L. ed 764 (1955). 

Elements of crime of rape. — Where fe- 
male under age of 14 and unmarried only 

§ 34. Special laws prohibited. 

VII. * * * provided, that tales boxes may be eliminated by special act in 
York County. 

1958 (50) 2875; 1959 (51) 9. 

Effect of amendment. — The 1959 amend- 
ment added poviso relating to York County. 

I. GENERAL CONSIDERATION. 

The fact that the legislation is expressed 
In general terms is not controlling. — A law 
general in form, but special in its opera- 
tion, violates a constitutional inhibition of 
special legislation as much as one special 
in form. The question must be decided, not 
by the letter, but by the spirit and practi- 
cal operation of the act. Town of Forest 
Acres v. Town of Forest Lake, 226 S. C. 



349, 85 S. E. 2d 192 (1954); Elliott v. Sligh, 
233 S. C. 161, 103 S. E. 2d 923 (1958). 

Legislative classification is proper if 
justified. — In accord with paragraph under 
this catchline in Code. See Elliott v. Sligh, 
233 S. C. 161, 103 S. E. 2d 923 (1958). 

Cited in McKown v. Daniel, 217 S. C. 
510, 61 S. E. 2d 163 (1950); Moseley v. 
Welch, 218 S. C. 242, 62 S. E. 2d 313 
(1950); Jennings v. Green, 219 S. C. 471, 
65 S. E. 2d 878 (1951); Baker v. Allen, 
220 S. C. 141, 66 S. E. 2d 618 (1951). 



25 



Art. 3, § 34 



Code o^ Laws of South Caroi^ina 



Art. 3, § 34 



IV. INCORPORATION OF SCHOOL 
DISTRICTS. 
And five districts may be consolidated, 
etc. 

An act consolidating all of the existing 
school districts in a county into a single 
district consolidates rather than incorpo- 
rates, and thereby does not offend subdiv. 
4 of this section. Tindall v. Byars, 217 S. 
C. 1, 59 S. E. 2d 337 (1950). 

Act held to incorporate, rather than 
merely consolidate, school districts. — 
Smith V. Lexington School Dist. No. 1, 
219 S. C. 191, 64 S. E. 2d 534 (1951), 
holding that the act was nevertheless valid 
under the power given the General As- 
sembly by an amendment to S. C. Const., 
Art. 11, § 5. 

Constitutional amendments removing 
counties from operation of section. — 
Amendments to S. C. Const. Art. 11, § 5, 
which amendments provided that school 
districts in certain counties should be of 
such area as the General Assembly or the 
county board of education may prescribe, 
removed those counties from the bans of 
subdivs. 4 and 9 of this section. Tindall v. 
Byars, 217 S.C. 1, 59 S. E. 2d 337 (1950); 
Smith V. Lexington School District No. 1, 
219 S. C. 191, 64 S. E. 2d 534 (1951). As 
to S. C. Const., Art. 11, § 5, as subsequent- 
ly amended, see that section. 
VII. WHERE GENERAL LAW CAN 
RE MADE APPT.TCARLE. 

A. GENERAL CONSIDERATION. 

This section generally does not apply 
to fiscal affairs of a county. — It has been 
generally held that special legislation re- 
lating to fiscal affairs of a county, including 
issuance of bonds by a county, a school 
district or other political subdivision, is 
not obnoxious to this section. Mills Mill v. 
Hawkins, 232 S. C. 515. 103 S. E. 2d 14 
(1957). Appeal dismissed. 355 U. S. 605, 78 
S. Ct. 536. 2 L ed 2d 524 (1958). 

Applicability is judicial question ulti- 
mately. — While it is primarily for legisla- 
ture to decide whether a general law can 
be made applicable in any specific case, 
question is ultimately a judicial one, but 
court will give due consideration to judg- 
ment of legislature and will not disturb its 
decision if there is any reasonable hy- 
pothesis upon which it can be predicated. 
Elliott V. Sligh, 233 S. C. 161, 103 S. E. 2d 
923 (1958). 

Applicability of general law is judicial 
question ultimately. — Determination of 
question as to whether general law can be 
made applicable in a particular situation is, 
in the ultimate analysis, a decision for 
Supreme Court as final arbiter of meaning 
of Constitution. Berry v. Milliken, 234 
S. C. 518, 109 S. E. 2d 354 (1959). 

In proper case General Assembly may 
pass special legislation when general law 
on subject not utilized. — General law (§ 59- 



601 et seq.) authorizing establishment of 
electric lighting, water supply, fire protec- 
tion and sewer districts not mandatory and 
General Assembly reserved inherent power 
itself to create similar public corporation 
by special legislation, and exercise of this 
power does not depend upon will of land- 
owners and residents of area involved, and, 
because unsanitary conditions are matter 
of vital concern and protection of public 
health is one of most important fields for 
exercise of police power, when in proper 
case they fail to act, the situation may 
be corrected by special legislation. Mills 
Mill V. Hawkins. 232 S. C. 515, 103 S. E. 
2d 14 (1957). Appeal dismissed. 355 U. S. 
605, 78 S. Ct. 536, 2 L ed 2d 524 (1958). 

The writer of the opinion in Mills Mill 
V. Hawkins, 232 S. C. 515, 103 S. E. 2d 
14 (1957). Appeal dismissed. 355 U. S. 605, 
7S S. Ct. 536, 2 L ed 524 (1958), speaking 
only for himself, expressed the view that 
prior decisions upholding special districts 
created for purpose of furnishing water, 
sewerage, garbage collection, etc., may be 
soundly sustained under Art. VII, Sec. 11, 
of the Constitution. 

There may be a classification of counties, 
but basis of classification must have some 
reasonable relation to purposes and ob- 
jects to be attained by the legislation and 
a rational difference of situation or con- 
dition found in counties placed in different 
class. Elliott V. Sligh, 233 S. C. 161, 103 
S. E. 2d 923 (1958). 

Classification must not be arbitrary, for 
mere purpose of classification, but the class 
must be characterized by some substantial 
qualities or attributes which render such 
legislation necessary or appropriate for 
individuals of the class. Elliott v. Sligh, 233 
S. C. 161, 103 S. E. 2d 923 (1958). 

General Assembly may classify pursuits, 
occupations or businesses for inclusion in or 
exemption from statutes requiring observ- 
ance of Sunday and, if based upon perti- 
nent and substantial differences rationally 
justifying the diversity, such classification 
does not render statute special legislation 
repugnant to subdivision IX of this sec- 
tion. Mullis V. Celanese Corporation of 
America, 234 S. C. 380, 108 S. E. 2d 547 
(1959). 

B. Acts Violative of Section. 

Act constituting special law where gen- 
eral venue statute has been made appli- 
cable.— See note to § 15-1233. 

Act for particular county providing for 
annexation to municipality. — An act pro- 
viding for annexation to any municipality 
in Richland County of property owned hy 
a corporation in another municipality with- 
out consent of qualified electors of munici- 
pality being reduced, is radical dopartiire 
from general law and the classification at- 
temntod runs counter to this section. Town 
of Forest Acres v. Town of Forpct Lake,^ 
226 S. C. 349, 85 S. E. 2d 192 (1954). 



26 



Art. 4, § 11 Constitution of the State; op South Carolina Art. 5, § 1 



Act prohibiting fireworks in particular 
counties. — Act (§§ 66-571 et seq.) pro- 
hibiting fireworks in Charleston and Rich- 
land counties according to its classifica- 
tion is violative of this section as being 
special legislation, there being a general law 
covering the subject and the attempted 
classification being without substantial 
basis. Elliott v. Shgh, 233 S. C. 161, 103 
S. E. 2d 923 (1958). 

Act providing for issuance of writs of 
garnishment in Lexington County in con- 
flict with this section as being special legis- 
lation. Atty. Gen. Op., Nov. 7, 1958. 

Act providing for licensing persons to 
gig fish in Jasper County. Atty. Gen. Op., 
Feb. 13, 1959. 

C. Acts Not Violative of Section. 

Act imposing certain duties on probate 
judge. — The fact that a statute imposes 
upon the probate judge of a certain county 
duties not imposed upon other probate 
judges does not have the effect of making 
the statute special legislation of a kind 
prohibited by this section. Dillon County v. 
Maryland Cas. Co., 217 S. C. 66, 59 S. E. 
2d 640 (1950). 

The Rural Electric Cooperative Act of 
1939, now §§ 12-1001 et seq. of the Code, 
is not unconstitutional as a special instead 
of a general law. Bookhart v. Central Elec. 
Power Cooperative, 219 S. C. 414, 65 S. 
E. 2d 781 (1951). 

A statute creating a natural gas author- 
ity to construct, maintain and operate a 
natural gas distribution system serving 
two municipalities and the surrounding area 
does not violate this section, notwithstand- 
ing a general law empowering all munici- 
palities to construct and operate natural eras 
systems. Welling v. Clinton Newberry Na- 
tural Gas Authority, 221 S. C. 417. 71 S. 
E. 2d 7 (]Q^2). 

Section 59-182.1, which permits the lend- 
ine of unomp1n\'pd fu"ds heloneing to the 
Spartanburg Metropolitan District to the 
municipal waterworks system is not special 



legislation of the sort prohibited by this 
Section. Spartanburg v. Blalock, 223 S. C. 
252, 75 S. E. 2d 3bl (1953). 

Act creating Una Water District in 
Spartanburg County for purpose of having 
territory served by publicly operated water 
and sewer systems and providing for col- 
lection and disposition of garbage, in effort 
to remove unsanitary conditions prevailing 
in such territory by special legislation, was 
not obnoxious to this subdivision, the gen- 
eral law, (§§ 59-601 et seq.) being in- 
applicable. Mills Mill V. Hawkins, 232 S. C. 
515, 103 S. E. 2d 14 (1957). Appeal dis- 
missed. 355 U. S. 605, 78 S. Ct. 536, 2 L ed 
2d 524 (1958). 

Act creating Greenville-Spartanburg Air- 
port District does not violate inhibition 
against special law where general law can 
be made applicable. Berry v. Milliken, 234 
S. C. 518, 109 S. E. 2d 354 (1959). 

VIII. SPECIAL PROVISIONS IN 
GENERAL LAW. 

Not to be construed so as to nullify 
special legislation provision. — What is a 
special provision in a general law cannot be 
construed so as to nullify constitutional 
purpose to secure general laws having uni- 
form operation throughout the state, except 
in those cases where there is some logical 
basis and sound reason for special legisla- 
tion. Elliott V. Sligh, 233 S. C. 161, 103 S. E 
2d 923 (1958). 

C. Acts Not Violative of Section. 

Amendatory act relating to election of 
sheriff. — An act amending the general stat- 
ute relating to election of sheriffs, which 
amendatory act provides for the election of 
the sheriff of Kershaw County in the gen- 
eral election in 1954 and every four years 
thereafter, comes within the provi<:o to this 
section, that the General Assembly may 
enact special provisions in general laws, 
and does rot violate this section. Brown v. 
Moseley, 222 S. C. 1, 71 S. E. 2d 591 
(1952). 



ARTICLE IV. 
Executive Department. 
§ 11. Pardons; Probation, Parole and Pardon Board. 

Cited in Bearden v. State, 223 S. C. 211, 
74 S. E. 2d 912 (1953). 

§ 22. Suspension of officers. 

Cited in State v. Seigler, 230 S. C. 115, 
94 S. E. 2d 231 (1956). 

ARTICLE V. 
Judicial Department. 
§ 1. Judicial power vested in certain courts. 

Provided, further, that the General Assembly shall establish a County Court 
for the County of Orangeburg w^hose jurisdiction shall be fixed by law within the 

27 



Art. 5, § 4 



Code; of Laws of South Carolina 



Art. 5, § 4 



limits above provided for County Courts ; the Judge of the County Court for the 
County of Orangeburg shall be appointed by the Governor upon recommendation 
of a majority of the members of the Orangeburg County Bar Association for a 
term of four years, who shall continue in office until his successor shall qualify, 
and whose compensation shall be not less than sixty per cent of the salaries of 
Judges of Circuit Courts; and upon request of the County Judge or upon peti- 
tion of a majority of the members of the Orangeburg County Bar Association, 
the Governor may appoint special judges to preside over the Court and perform 
any of the duties of the office whenever there may be necessity for such appoint- 
ment; provided, however, that the General Assembly may abolish or re-establish 
the County Court of Orangeburg County, from time to time, upon a majority vote 
of the qualified electors of the County. 



1952 (47) 2733; 1953 (48) 37. 
Effect of amendment. — The amendment 
added the above provisos at the end of this 
section. The rest of the section v^^as not 
changed, and is therefore not set out. 
I. GENERAL CONSIDERATION. 
Cited in Fordham v. Fordham, 223 S. 
C. 401, 76 S. E. 2d 299 (1953). 

II. POWERS OF GENERAL 
ASSEMBLY. 
Only circuit court has jurisdiction of 
murder or manslaughter. — This section for- 
bids legislature to confer jurisdiction to 

§ 4. Jurisdiction of Supreme Court. 

I. GENERAL CONSIDERATION. _ 
Supreme Court has power to issue writs 
and orders and to set bond in any case. — 
Supreme Court has power to issue writs 
and orders referred to in this section, and 
Legislature has no power to take away 
powers specifically granted to court by 
Constitution, and Supreme Court has in- 
herent power to set bond in any case and 
can grant bail, in its discretion, where sen- 
tence exceeds ten years, notwithstanding 
section 7-8 of the Code of 1952. State v. 
Whitener, 225 S. C. 244, 81 S. E. 2d 784 
(1954). 

Function of Court with respect to pub- 
lic policy of State. — It is often function of 
the Court by its judgment to establish pub- 
lic policy where none on the subject exists. 
Rogers v. Florence Printing Company, 233 
S. C. 567, 106 S. E. 2d 258 (1958). 

Appellate court exists for correction of 
errors of lower court, and if such court has 
not had opportunity to decide question pre- 
sented there is no error for appellate court 
to correct. Williamson v. South Carolina 
Electric & Gas Co., 236 S. C. 101, 113 S. E. 
2d 345 (1960). 

Supreme Court's jurisdiction in law 
cases is limited to correction of errors of 
law. Simon v. Flowers, 231 S. C. 545, 99 
S. E. 2d 391 (1957). 

Supreme Court is for correction of errors 
of law. — Discretionary power under § 10- 
609 vested in trial and not appellate court, 
and it is not function or within power of 
Supreme Court to substitute its judgment 



try cases of murder or manslaughter upon 
any court inferior to the circuit courts. State 
V. Gorey, 235 S. C. 301, 111 S. E. 2d 560 
(1959). 

Legislature cannot abridge jurisdiction 
vested in General Sessions Court under 
this section. — Sections 15-1335 and 15-1336 
do not and could not abridge jurisdiction 
of murder and manslaughter cases vested 
in court of general sessions under this sec- 
tion. State V. Gorey, 235 S. C. 301, 111 
S. E. 2d 560 (1959). 



for that of circuit judge simply because 
it might have reached different conclusion 
had it been in his place, appellate jurisdic- 
tion of Supreme Court being limited by 
express language of this section to correc- 
tion of errors of law. Simon v. Flowers, 
231 S. C. 545, 99 S. E. 2d 391 (1957); 
Strickland v. Rabon, 234 S. C. 218, 107 S. E. 
2d 344 (1959). 

Cited in Ex parte Orr, 110 F. Supp. 153 
(1952). 

II. ORIGINAL JURISDICTION. 

Writ of habeas corpus can be addressed 
to Supreme Court in its original jurisdiction 
only under unusual circumstances, but such 
presented in this instance. State v. White- 
ner, 225 S. C. 244, 81 S. E. 2d 784 (1954). 
III. JURISDICTION IN CHANCERY 
CASES. 
It is duty of Supreme Court in equity 
case to review challenged findings of fact 
as well as matters of law. Chapman v. 
Scott, 234 S. C. 469, 109 S. E. 2d 1 (1959). 

The Supreme Court is fuUy empowered 
to review the facts and make findings con- 
trary to those of trial courts of equity, in 
proper cases. It has jurisdiction in appeals 
in equity to find the facts in accord with 
its view of the preponderance or greater 
weight of the evidence, in absence of ver- 
dict by jury. Gilbert v. McLeod Infirmary, 
219 S. C. 174, 64 S. E. 2d 524, 24 A. L. R. 
2d 60 (1951). 

Supreme Court has jurisdiction in appeals 
in equity to find the facts in accord with 
its view of preponderance or greater weight 



28 



Art. 5, § 4 Constitution of rut State; of South Carolina Art. 5, § 4 



of the evidence, in the absence of verdict 
by jury. Dobson v. Atkinson, 232 S. C. 12, 
100 S. E. 2d 531 (1957). 

Supreme Court has authority to find 
facts in accord with preponderance of evi- 
dence, and may reverse finding of fact by 
trial court when appellant satisfies Court 
that preponderance of evidence is against 
such finding. Simonds v. Simonds, 232 S. C. 
185, 101 S. E. 2d 494 (1957). 

But findings of a jury concurred in and 
adopted by the trial judge are not subject 
to review by the Supreme Court. Thigpen 
v. Thigpen, 217 S. C. 322, 60 S. E. 2d 621 
(1950). 

It is duty of Supreme Court in equity 
cases to review challenged findings of fact 
as v/ell as matters of law, except where 
facts have been settled by a jury, whose 
verdict has not been set aside. Twitty v. 
Harrison, 230 S. C. 174, 94 S. E. 2d 879 
(1956). 

But such duty does not require that 
court disregard findings below, or ignore 
fact that trial judge who saw and heard 
witnesses is in better position than Supreme 
Court to evaluate their credibility, nor does 
it relieve appellant of burden of convincing 
Supreme Court that trial judge committed 
error in his findings of facts. Twitty v. 
Harrison. 230 S. C. 174, 94 S. E. 2d 879 
(1956); Inabinet v. Inabinet, 236 S. C. 52, 
113 S. E. 2d 66 (1960). 

Supreme Court will not consider ques- 
tion on appeal which was not raised below. 
Holliday v. Holliday, 235 S. C. 246, 111 
S. E. 2d 205 (1959); Davis v. Davis, 236 
S. C. 277. 113 S. E. 2d 819 (1960). 

Contention not made in trial court not 
available in Supreme Court. South Carolina 
Finance Corp. v. West Side Finance Co., 
236 S. C. 109. 113 S. E. 2d 329 (1960). 

Supreme Court will not consider ques- 
tion on appeal not made by exceptions to 
master's report and therefore not decided 
by trial court. Lisenbv v. Newsom, 234 
S. C. 237, 107 S. E. 2d "449 (1959). 

Appellate equity rule of concurrent find- 
ings of fact by master and court. — In an 
equity case findings of fact by a master or 
referee, concurred in by trial court, will not 
be disturbed by Supreme Court on appeal 
unless it appears that such findings are 
without evidentiary support or against clear 
preponderance of the evidence. Levi v. 
Blackwell, 35 S. C. 511. 15 S. E. 243 (1891); 
Montague v. Stelts, 37 S. C. 200, 15 S. E. 
968. 34 Am. St. R. 736 (1892); Price v. 
Price, 45 S. C. 57. 22 S. E. 790 (1895); 
Calvarv Baptist Church v. Dart, 68 S. C. 
221, 47 S. E. 66 ri904); Blackwell v. Mc- 
Ninch. 67 S. C. 541, 46 S. E. 477 (1903); 
McCallum v. Grier, 86 S. C. 162, 68 S. E. 
466. 138 Am. St. R. 1037 (1910); O'Shields 
V. Union Iron Foundry, 93 S. C. 393, 76 
S. E. 1098 ri913): Harrison v. Dunlap, 
96 S. C. 389, 80 S. E. 619 (1914); Campbell 
V. Stewart, 100 S. C. 144, 84 S. E. 415 



(1915); Wilson v. Wilson, 117 S. C. 454, 
112 S. E. 330 (1920); Youmans v. Youmans. 
128 S. C. 31, 121 S. E. 674 (1924); Ellis v. 
Johnson, 143 S. C. 325, 141 S. E. 564 
(1928); Cohen v. Goldberg, 144 S. C. 70, 
142 S. E. 36 (1928); Windburn v. Johnson, 
144 S. C. 3, 141 S. E. 720 (1928); Scott v. 
Newell, 146 S. C. 385, 144 S. E. 82 (1928); 
Kaminski Hardware Co. v. Holden Trunk 
& Bag Co., 150 S. C. 244, 147 S. E. 874 
(1929); Bain v. Rogers, 158 S. C. 417, 155 
S. E. 619 (1930); Farron v. First Nat. Co., 
158 S. C. 435, 155 S. E. 736 (1930); Austin 
V. Goddard, 164 S. C. 20, 161 S. E. 767 
(1931); Glenn v. Worthy, 169 S. C. 263, 
168 S. E. 705 (1933); South Carolina State 
Bank V. Stokes, 169 S. C. 173, 168 S. E. 
541 (1933); Crouch v. Tarver, 173 S. C. 
172, 175 S. E. 273 (1934); Hannon v. 
Mechanics Building & Loan Ass'n. of 
Spartanburg, 177 S. C. 153, 180 S. E. 873, 
100 A. L. R. 928 (1935); Alderman v. 
Alderman, 178 S. C. 9, 181 S. E. 897. 105 
A. L. R. 102 (1935); Ulmer v. Bookhart, 
178 S. C. 87, 182 S. E. 162 (1935); First 
Carolinas Joint Stock Land Bank of Colum- 
bia V. Knotts. 183 S. C. 68, 190 S. E. 114 
(1937); Smith v. Coxe, 183 S. C. 509, 191 
S. E. 422 (1937); Riley v. Berry, 189 S. C. 

4, 199 S. E. 866 (1939); Karres v. Pappas, 
194 S. C. 512, 10 S. E. 2d 15 (1940); 
Lazenby v. Mackey, 196 S. C. 507, 14 

5. E. 2d 12 (1941): Turbeville v. Morris, 
203 S. C. 287, 26 S. E. 2d 821 (1943); Stein 
V. ^Xepapas, 204 S. C. 239. 29 S. E. 2d 
257 n944); Epworth Orphanage v. Long, 
207 S. C. 384. 36 S. E. 2d 37 (1946); Lyon 
V. Rar^riol. 212 S. C. 266. 47 S. E. 2d 625 
(1948); Samuel v. Young, 214 S. C. 91, 
51 S. E. 2d 367 (1949); Wolfe v. Wolfe, 215 
S. C. 5.30, 56 S. E. 2d .343 (1949); Phipps 
V. Phipps, 216 S. C. 248, 57 S. E. 2d 417 
(1950); Archambault v. Sorouse, 218 S. C. 
500, 63 S. E. 2d 459 r]951); Anderson v. 
Purvis. 220 S. C. 259. 67 S. E. 2d 80 (1951); 
Wvman v. Davis, 223 S. C. 172, 74 S. E. 
2d 694 (1953): Ives v. Ives, 223 S. C. 461. 
76 S. E. 2d 471 ri953): Newton v. Batson, 
223 S. C. 545. 77 S. E. 2d 212 n95,3); Miller 
V. Miller, 225 S. C. 274, 82 S. E. 2d 119 
(1954): Roval Crown Bottling Co. v. 
Chandler, 226 S. C. 94, 83 S. E. 2d 745 
n954); Peoples Nat. Bank of Greenville v. 
Manos Bros., Inc., 226 S. C. 257, 84 S. E. 
2d 857. 45 A. L. R. 2d 1070 (1954): Maxwell 
v. Smith, 228 S. C. 182, 89 S. E. 2d 280 
('1955'); South Orange Trust Co. v. Conner, 

228 S. C 218, 89 S. E. 2d 372 (1955); 
Graves v. Dnbose, 229 S. C. 123. 92 S. E. 
2d 134 (1956): Dean v. Dean, 229 S. C. 430, 
93 S. E. 2d 206 (1956): Watson v. Little, 

229 S. C. 486, 93 S. E. 2d 645 n956^; 
Theodore v. Mozie, 230 S. C. 216, 95 S. E. 
2d 173 (1956); Oswald v. Oswald, 230 S. C. 
299, 95 S. F. 2d 493 (1956); Meverson v. 
Malinow. 231 S. C. 14. 97 S E. 2d 88 
(1957); Dobson v. Atkinson, 232 S. C. 12, 
100 S. E. 2d 531 (1957); Large v. Large, 

29 Volume 7 



Art. 5, § 4 



Cods of Laws of South Carouna 



Art. 5, § 4 



232 S. C. 70, 100 S. E. 2d 825 (1957); Wise 
V. Picow, 232 S. C. 2il, 101 S. E. 2d 651 
(1958); Caine v. Griffin, 232 S. C. 562, 103 
S. E. 2d 2>1 (1958); Evatt v. Campbell, 234 
S. C. 1, 106 S. E. 2d 447 (1959); Lisenby 
V. Newsom, 234 S. C. 2il , 107 S. E. 2d 
449 (1959); Singleton v. Mullins Lumber 
Company, 234 S. C. 330, 108 S. E. 2d 414 
(1959); Davis v. Sparks, 235 S. C. 326, 111 
S. E. 2d 545 (1959); Galphin v. Wells, 
S. C. , 115 S. E. 2d 286 (1960); Hamilton 
V. Palmetto Properties, Inc., S. C. , 

116 S. E. 22d 12 (1960). 

IV. JURISDICTION IN LAW CASES, 
Supreme Court is for correction ol 

errors at law. — Reversal on ground that in 
Supreme Court's opinion testimony of wit- 
ness is untrustworthy and therefore not to 
be believed, transcends appellate powers 
granted to Court by this section limiting 
such powers, in law case, to correction of 
errors at law under such regulations as 
General Assembly may by law prescribe. 
State V. Little, 227 S. C. 60, 86 S. E. 
2d 875 (1955). 

Supreme Court is without jurisdiction to 
consider the weight of the evidence in a 
case at law. Parnell v. Carolina Coca-Cola 
Bottling Co., 231 S. C. 426, 98 S. E. 2d 834 
(1957). 

Supreme Court not at liberty to review 
disputed issues of fact. St. Paul Mercury 
Indem. Co. v. Palmetto Quarries Co., 234 
S. C. 246, 107 S. E. 2d 453 (1959). 

In a case at law Supreme Court's review 
of circuit decree is limited to determination 
of whether or not there was any evidence to 
support it. Campbell v. Christian, 235 S. C. 
102, 110 S. E. 2d 1 (1959); Privette v. 
Garrison, 235 S. C. 119, 110 S. E. 2d 17 
(1959). 

In case at law Supreme Court not at 
liberty to pass on conflicting evidence, and 
review of circuit decree limited to determi- 
nation of whether or not there was any 
evidence reasonably warranting factual con- 
clusions reached by circuit judge. Johnson 

V. Johnson, 235 S. C. 542, 112 S. E. 2d 647 
(1960). 

Supreme Court not at liberty to pass on 
conflicting evidence except to review circuit 
decree for purpose of determining if there 
was any evidence reasonably warranting 
factual conclusions reached by circuit judge. 
Mitchell V. Smvser, 236 S. C. 332, 114 
S. E. 2d 226 (1960). 

Supreme Court without jurisdiction to 
reverse findings of fact of circuit judge in 
a law case if he had before him any evi- 
dence whatever to support his findings. 
rharlp<; R. Allen, Inc. v. Island Co-op. 
Serv. Coop. Ass'n, 234 S. C. 537, 109 S. E. 
2d 446 (1959V 

Supreme Court may review facts in law 
case to determine whether there was any 
evidence to sustain findings made by master 
and circuit judge. Charles R. Allen, Inc. 



V. Island Co-op. Serv. Coop. Ass'n, 234 
S. C. 537, 109 S. E. 2d 446 (i959). 

Supreme Court has power to reverse 
award of unemployment compensation bene- 
fits if there is an absence of any evidence to 
support it, but will not review findmgs of 
fact by the South Carolina Employment 
Security Commission except for that de- 
termination. Hynian v. South Carolina Em- 
ployment Security Com'n, 234 S. C. 369, 108 
S. E. 2d 554 (1959). 

Supreme Court will not consider ques- 
tion on appeal which was not raised below. 
State v. Alexander, 230 S. C. 195, 95 S. E. 
2d 160 (1956); Bush v. Gingrey Brothers, 

232 S. C. 20, 100 S. E. 2d 821 (1957); 
Turbeville v. Gordon, 233 S. C. 75, 103 
S. E. 2d 521 (1958); Elliott v. Black River 
Electric Cooperative, 233 S. C. lil^, 104 
S. E. 2d 557 (1958); Rushton v. Smith, 233 
S. C. 292, 104 S. E. 2d 376 (1958); Sanders 
v. Jasper County Board of Education, 233 
S. C. 414, 105 S. E. 2d 201 (1958); Drake- 
ford V. Dixie Home Stores, 233 S. C. 519, 
105 S. E. 2d 711 (1958); Hines v. Farr, 235 
S. C. 436, 112 S. E. 2d iZ (1960); William- 
son v. South Carolina Electric & Gas Co., 
236 S. C. 101, 113 S. E. 2d 345 (1960); 
Freeman v. King Pontiac Company, 236 
S. C. 335, 114 S. E. 2d 478 (1960); Carolina 
Amusement Co. v. Martin, S- C. , 
115 S. E. 2d 273 (1960). 

But Court may waive rule and consider 
question. Rogers v. Florence Printing Com- 
pany, 233 S. C. 567, 106 S. E. 2d 258 (1958). 

Supreme Court may not resolve issues 
not presented for determination by trial 
court. Howie v. McDaniel, 232 S. C. 125, 
101 S. E. 2d 255 (1957). 

Ground of appeal not responsive to issues 
raised by pleadings, and therefore not 
properly before trial court, was not properly 
before Supreme Court. E. L. Long Motor 
L. V. South Carolina Pub. Serv. Com'n, 

233 S. C. 67, 103 S. E. 2d 762 (1958). 
Issues not raised by pleadings and not 

decided by trial court cannot be raised for 
first time on appeal. Waltz v. Equitable 
Life Assurance Soc. of the U. S. 233 S. C. 
210, 104 S. E. _2d 384 (1958). 

Issues not raised at trial are not properly 
before Supreme Court. State v. Mayfield, 
235 S. C. 11, 109 S. E. 2d 716 (1959).^ 

Contention not made before trial judge 
not properly before Supreme Court. John- 
son V. Charleston and Western Carolina 
Ry. Co., 234 S. C. 448, 108 S. E. 2d 111 
(1959). 

Matter not before trial court not entitled 
to consideration by Supreme Court. Mullis 
V. Celanese Corporation of America, 234 
S. C. 380, 108 S. E. 2d 547 (1959). 

Contention not made in trial court is not 
available before Supreme Court. Edwards 
V. Great American Insurance Company, 

234 S. C. 404, 108 S. E. 2d 582 (1959). 



30 



Art. 5, § 6 Constitution of the; State: of South Carouna Art. 5, § 12 



Supreme Court refused to consider ques- 
tions on appeal not raised below. Thomas 
V. Nationwide Mutual Automobile Ins. Co., 
232 S. C. 358, 102 S. E. 2d 266 (1958). 

Consideration of questions not raised 
below matter of grace. — Questions not 
raised below not properly before Supreme 
Court on appeal, and consideration of any 
of them must be given, if at all, as a matter 
of grace, not of right. State v. HoUman, 
232 S. C. 489, 102 S. E. 2d 873 (1958). 

Questions not raised below considered as 
matter of grace. State v. Mayfield, 235 S. C. 
11, 109 S. E. 2d 716 (1959). 

Supreme Court has no power to review 
conclusions of circuit judge in a law case.— 
While findings of fact as well as of law 
by referee may be affirmed, modified, or 
reversed by circuit judge upon exceptions, 
Supreme Court has no power to review 
conclusions of circuit judge in a law case, 
since jurisdiction of Supreme Court is 
limited by this section to correction of 
errors at law and it can only review 
findings of fact in chancery cases. Sumter 
Electric Rewind. Co. v. Aiken County 
S. C. Clays, 230 S. C. 229, 95 S. E. 2d 
259 (1956). 

Findings of fact of judge in trial without 
jury have same force and effect as jury 
verdict, and unless he has committed some 
error of law leading him to erroneous con- 
clusion or the evidence is reasonably sus- 
ceptible of opposite conclusion only, his 
findings of fact must be accepted by 
Supreme Court. Robinson v. Carolina 



§ 6. 



Casualty Insurance Company, 232 S. C. 
268, 101 S. E. 2d 664 (1958); Evatt v. 
Campbell, 234 S. C. 1, 106 S. E. 2d 447 
(1959); Crook v. State Farm Mutual Auto- 
mobile Insurance Co., 235 S. C. 452, 112 
S. E. 2d 241 (1960). 

Preponderance of evidence is question 
for jury, and reversal of verdict for plain- 
tiff in a law case upon consideration of the 
evidence can only result when Supreme 
Court concludes that only reasonable in- 
ference from evidence is contrary to factual 
findings which is implicit in the verdict, 
whereby it becomes a matter of law. 
Parnell v. Carolina Coca-Cola Bottling Co., 
231 S. C. 426, 98 S. E. 2d 834 (1957). 

Supreme Court without power to weigh 
evidence. — Credibility of newly-discovered 
evidence offered in support of motion for 
new trial is matter for determination by 
circuit judge in whom resides the power 
to weigh such evidence, and his judgment 
thereabout will not be disturbed by Su- 
preme Court except for error of law or 
abuse of discretion. State v. Mayfield, 235 
S. C. 11, 109 S. E. 2d 716 (1959). 

Supreme Court cannot reduce verdict and 
can reverse for excessiveness only when 
verdict is so out of proportion to evidence 
that it clearly indicates that it was in- 
fluenced by partiality, prejudice, passion, 
caprice, or other considerations not founded 
upon the evidence. Peagler v. Atlantic 
Coast Line Railroad Company, 234 S. C. 
140, 107 S. E. 2d 15 (1959). 



Disqualification of jndg-es in certain cases; how vacancies filled; tem- 
porary appointments for holding circnit courts. 

Cited in Flovd v. Thornton, 220 S. C. 
414, 68 S. E. 2d 334 (1951). 

§ 9. Compensation of judges and justices. 

The Justices of the Supreme Court and the Judges of the Circuit Courts shall not 
be allowed any fees or perquisites of office, and shall hold no other office of trust 
or profit under this State, the United States, or any other pov^er. Their compensa- 
tion during their continuance in office, and during their retirement, respectively, 
shall be fixed by law, and shall not be diminished during such continuance in office, 
or during such retirement, as the case may be. 

1958 (50) 2017; 1959 (51) 13. 

Effect of amendment. — The 1959 amend- compensation during continuance of office 
ment eliminated restrictions on increasing and added provisions relating to retirement. 



§ 12. Three necessary for reversal; 
shall not sit. 

I. GENERAL CONSIDERATION. 

Quoted in State v. Byrnes, 219 S. C. 485, 
66 S. E. 2d 33 (1951). 
III. AFFIRMANCE AND REVERSAL. 

Right to affirm by equally divided vote 
pertains only to Supreme Court. — The right 
of the Supreme Court to affirm the lower 



constitutional questions; trial Judge 

court where there is an equal division in 
the vote stems from this provision, only 
pertains to decisions of the Supreme Court 
and is not applicable to the South Caro- 
lina Industrial Commission. Gurley v. 
Mills Mill, 225 S. C. 46, 80 S. E. 2d 74S 
(1954). 



^ 



Art. 5, § IS 



Code; of Laws of South Caroi.ina 



Art. 5, § 20 



§ 16. Jurisdiction of courts of common pleas. 

I. GENERAL CONSIDERATION. 

Court of common pleas and probate 
court have concurrent jurisdiction in matter 
of decedents* estates. Vasiliades v. Vasili- 
ades, 231 S. C. 366, 98 S. E. 2d 810 (1957). 

II. APPLICATION OF SECTION. 

Jurisdiction of "will or no will" issue. — 
Parties have right to waive hearing in pro- 
bate court in will contest case and transfer 



it to court of common pleas for hearing, 
but whether such case in circuit court arise 
by appeal or by such waiver, issues sub- 
mitted to jury as to mental capacity and 
undue influence are treated as factual issues 
in a law case and jury's finding will not be 
disturbed on appeal if there be any evi- 
dence to sustain it. Harris v. Berry, 231 
S. C. 201, 98 S. E. 2d 251 (1957). 



§ 18. Court of general sessions. 

First offense of unlawful possession of 
intoxicating liquor. — The court of general 
sessions has no jurisdiction to try a person 
for a first offense of unlawful possession of 

§ 19. Court of probate. 

Constitution vests no judicial power In 
court of probate. — Under decisions of the 
Supreme Court of South Carolina, the Con- 
stitution of 1895 vests no judicial power in 
the court of probate. The probate court's 
jurisdiction is purely statutory. Anderson v 



intoxicating liquor, exclusive jurisdiction 
in such cases being in the magistrate courts 
under § 43-68. State v. Castleman, 219 S. 
C. 136, 64 S. E. 2d 250 (1951). 



Bowers, 117 F. Supp. 884 (1954). 

This section as amended does not affect 
amendment of Art. 5, § 21 enlarging juris- 
diction of magistrates in Charleston County 
to $250. Atty. Gen. Op., Apr. 22, 1959. 



§ 20. Magistrates; number; terms; constables; civil jurisdiction; salaries. 

The number of magistrates authorized by law for each county shall be appointed 
and commissioned by the Governor, by and with the advice and consent of the 
Senate. They shall hold their offices for terms as may be fixed by the General As- 
sembly and until their successors are appointed and qualify. The terms need not be 
uniform in the State or in any County. Any vacancy occurring in the office of any 
magistrate prior to the expiration of his term shall be filled in the manner provided 
by law for the original appointment for the unexpired term only. Each magistrate 
in the several counties shall have the power, when authorized under the laws 
governing his county, to appoint such constables as may be authorized, which con- 
stable shall execute writs and processes issued by him. The magistrates now in 
office shall serve until the expiration of their present terms. Their successors shall 
hold for terms now provided by law, unless changed by the General Assembly. 
Magistrates in the several counties shall have such jurisdiction in civil matters 
as may be fixed by the General Assembly. Each magistrate shall receive a salary, to 
be fixed by the General Assembly, in lieu of all fees in criminal cases. 

1944 (43) 1571; 1946 (44) 1323; 1947 (45) 867; 1949 (46) 15; 1949 (46) 1207; 1951 
(47) 38; 1949 (46) 1560; 1951 (47) 74; 1951 (47) 873; 1953 (48) 11; 1954 (48) 2048; 1955 
(49) 7; 1954 (48) 2451; 1955 (49) 19; 1954 (48) 2610; 1955 (49) 11; 1955 (49) 1161; 
1958 (50) 1953; 1957 (50) 690; 1959 (51) 59. 

Effect of amendments. — The 1953 amend- same being two years, provided for filling 



ment added proviso relating to Allendale 
County. 

The 1955 amendment, p. 7, added pro- 
viso relating to Clarendon County; p. 19 
added proviso relating to Pickens County; 
and p. 11 added proviso relating to Union 
County. 

The 1958 amendment added proviso re- 
lating to Lee County. 

The 1959 amendment provided for ap- 
pointment of magistrates authorized by 
law instead of a sufficient number, left 
term up to General Assembly instead of 



vacancy, eliminated provisions relating to 
trial justices, provided for incumbents to 
serve until expiration of their terms, for 
terms of their successors and for civil 
jurisdiction; and eliminated proviso relat- 
ing to Aiken and Hampton Counties, pro- 
viso relating to Berkeley County, proviso 
relating to Florence County, proviso re- 
lating to Richland County, proviso relat- 
ing to Allendale County, proviso relating 
to Clarendon County, proviso relating to 
Pickens County, proviso relating to Union 
County and proviso relating to Lee County. 



32 



Art. 5, § 21 Constitution of the Stats of South Carolina Art. 5, § 25 



§ 21. Jurisdiction of magistrates; examining courts. 

« 4> 4> 

Provided, that in the County of York, the jurisdiction of magistrates in civil 
cases shall extend to where the value of property in controversy or the amount 
claimed is not more than three hundred dollars ($300.00). 

1952 (47) 2881; 1953 (48) 16. 

Provided, that the jurisdiction of the Magistrate of the Bishopville Magisterial 
District in Lee County in civil cases shall extend to where the value of property in 
controversy or the amount claimed is not more than five hundred dollars. 

1954 (48) 2363; 1955 (49) 35. 

Provided, further, in Marion County jurisdiction of magistrates in civil cases 
shall extend to where the value of property in controversy or the amount claimed 
is not more than two hundred dollars. 

1954 (48) 2386; 1955 (49) 8. 

Provided, that the jurisdiction of the magistrate of the Greenwood Magisterial 
District in Greenwood County in civil cases shall extend to where the value of the 
property in controversy or the amount claimed is not more than one thousand 
dollars. 

1956 (49) 2531; 1957 (SO) 366. 

Provided, that the jurisdiction of the magistrates of Charleston County in civil 
cases shall extend to where the value of the property in controversy or the amount 
claimed is not more than two hundred and fifty dollars. 

1957 (50) 879; 1959 (51) 68. 



Cross reference. — See also § 20, this ar- 
ticle, for civil jurisdiction of magistrates. 

Effect of amendments. — The 1953 amend- 
ment added proviso relating to York 
County. 

The 1955 amendment, p. 35, added pro- 
viso relating to Bishopville magisterial dis- 
trict in Lee County; p. 8 added proviso re- 
lating to Marion County. 

The 1957 amendment added proviso re- 
lating to Greenwood magisterial district 
in Greenwood County. 

The 1959 amendment added proviso re- 
lating to Charleston County. 

§ 22. Trial by jnry; jnry in inferior 

I. GENERAL CONSIDERATION. 

Exclusion of women does not violate 
14th Amend, of U. S. Constitution. — Exclu- 
sion of women from service on petit jury, 
required by this section, does not violate 
14th Amend, of U. S. Constitution. State v. 
Hollman, 232 S. C. 489, 102 S. E. 2d 873 
(1958). 

Statute providing for appointment of al- 
ternate jurors is valid. — Section 38-76, 
which grants to the presiding judge, where 
a trial is likely to be a protracted one, the 
right to direct the calling of one or two 
additional jurors in his discretion, to be 
known as alternate jurors, does not violate 
this section. State v. McTntire, 221 S. C. 
504. 71 S. E. 2d 410 (1952). 

§ 25. Powers at chambers. 

Cited in Ex parte Orr, 110 F. Supp 153 
(1952). 



L GENERAL CONSIDERATION. 
Applied in State v. Castleman, 219 S. C. 
136. 64 S. E. 2d 250 (1951). 

Amendment relating to jurisdiction of 
Charleston County magistrates self-execut- 
ing. — Amendment enlarging jurisdiction of 
magistrates in Charleston County to $250. 
is self-executing and legislation unneces- 
sary. Atty. Gen. Op., Apr. 22, 1959. 

This section not affected by Art. 5, § 20. 
— Amendment of this section enlarging 
jurisdiction of magistrates in Charleston 
County to $250. not affected by 1959 
amendment of Art. 5, § 20. Atty. Gen. Op., 
Apr. 22, 1959. 

conrts; grand Jnry. 

II. GRAND JURY. 

"Qualified elector" means "registered 
elector." 

In accord with paragraph under thig 
catchline in Code. See State v. Waitus, 224 
S. C. 12, 77 S. E. 2d 256 (1953). 

III. DISQUALIFICATION OF 
JURORS. 

Registered elector who fails to vote not 
ineligible. — Every registered male elector is 
a potential and duly qualified juror, and 
his name may be taken from the registra- 
tion books by the jury commissioners. The 
fact that he fails to vote does not make 
him ineligible for jury duty. State v. Wai- 
tus. 224 S. C. 12, 77 S. E. 2d 256 (1953). 



m 



Art. 5, § 26 



Code; oi^ Laws of South Carolina 



Art. 6, § 5 



§ 26. Charge to jnries. 

I. GENERAL CONSIDERATION. 

Failure to object to charge on facts. — 
Even if additional instructions were a 
charge on the facts in violation of this sec- 
tion, substantially same instructions were 
given in main charge, and counsel having 
failed to make timely objection when jury 
was excused at conclusion of main charge 
as required by § 10-1210, the objection to 
the additional instructions was waived. 
Lundy v. Lititz Mutual Insurance Com- 
pany, 232 S. C. 1, 100 S. E. 2d 544 (1957). 

Quoted in Elletson v. Dixie Home 
Stores, 231 S. C. 565, 99 S. E. 2d 384 (1957). 
II. OBJECT OF SECTION. 

Real objective of this section is to leave 
all questions of fact to jury to be decided 
according to their own judgment, unbiased 
by expression or even intimation of any 
opinion from judge, and erroneous charge 
will not be cured by statement that all 
questions of fact are exclusively for jury. 
State V. Smith, 227 S. C. 400, 88 S. E. 2d 
345 (1955). 

Judge may not intimate opinion of case 
to jury. — Trial judge may not, even unin- 
tentionally, intimate to jury any opinion he 
may have as to facts of case. Olin Mathie- 
son Chemical Corp. v. Planters Corp., 236 
S. C. 318, 114 S. E. 2d 321 (1960). _ 

Judge may not intimate opinion in course 
of trial. — Trial judge should not, by his re- 
marks in ruling upon testimony offered, 
indicate his opinion or express a view that 
might be prejudicial or detrimental to de- 



§ 27. Clerk of court. 

Cited in Brown v. Moseley, 222 S. C. 1, 
71 S. E. 2d 591 (1952). 

§ 30. Sheriff and coroner. 

The office of sheriff was created by this 
section. State v. Seigler, 230 S. C. 115, 
94 S. E. 2d 231 (1956). 

Legislature may fix time, etc. 

The present Constitution does not spec- 
ify a beginning election year for the four- 
year terms of sheriff. That was left to the 



fendant. State v. Britt, 235 S. C. 395, 111 
S. E. 2d 669 (1959). 

IV. POWERS OF JUDGE. 

Comment of trial judge that defendant 
could take stand and testify. — In murder 
prosecution resulting in death penalty, com- 
ment of trial judge during course of trial 
that defendant could take the stand and 
testify himself on matter which had been 
excluded, was prejudicial error where de- 
fendant did not take witness stand. State v. 
Britt. 235 S. C. 395, 111 S. E. 2d 669 
(1959). 

V. DUTIES OF JUDGE. 

By failure to request instructions. 

In accord with paragraph under this 
catchline in Code. See State v. Jamison, 
221 S. C. 312, 70 S. E. 2d 342 (1952). 
VI. CHARGES NOT CONTRAVENING 
SECTION. 

Charges were held not to contravene 
this section in cases treating the follow- 
ing subjects. — 

Add under this catchline in Code: 
burglary, State v. Clamp, 225 S. C. 89, 
80 S. E. 2d 918 (1954). 

VII. CHARGES CONTRAVENING 
SECTION. 

Charges were held to violate this section, 
etc. 

Negligence, Jeff Hunt Machinery Co. v. 
South Carolina State Highway Dept., 219 
S. C. 340. 65 S. E. 2d 260 (1951). 

Homicide, State v. Fuller, 227 S. C. 138, 
87 S. E. 2d 287 (1955); State v. Smith, 227 
S. C. 400, 88 S. E. 2d 345 (1955). 



General Assembly, doubtless because of 
the existing lack of uniformity in this re- 
spect among the counties. Brown v. Mose- 
ley, 222 S. C. 1, 71 S. E. 2d 591 (1952). 

Quoted in Jackson v. White, 218 S. C. 
311, 62 S. E. 2d 776 (1950). 



§ 1. Arbitration. 

The direction of this section has been 
carried out by §§ 10-1901 to 10-1905, inclu- 
sive. Harwell v. Home Mutual Fire Insur- 

§ 5. Codification of laws. 

For explanation of purport of this sec- 
tion, see Colonial Life & Accident Ins. 
Co. V. South Carolina Tax Commission, 
233 S. C. 129, 103 S. E. 2d 908 (1958). 

Act incorporated in Code becomes law 
without reference to original title. — In ac- 



ARTICLE VI. 
Jurisprudence. 



ance Company, 228 S. C. 594, 91 S. E. 2d 
273 (1956). 



cord with paragraph under this catchline 
in Code. See Colonial Life & Accident Ins. 
Co. V. South Carolina Tax Commission, 
233 S. C. 129, 103 S. E. 2d 908 (1958). 

Cited in Brown v. Moseley, 222 S. C. 1, 
71 S. E. 2d 591 (1952). 



34 



Art. 7, § 1 Constitution o? the State; of South Carouna Art. 8, § 1 



ARTICLE VII. 
Counties and County Government. 
§ 1. Formation of new counties; county seats and name. 



Governor alone determines compliance, 



And may grant or refuse amendment. 



etc. 

In accord with paragraph under this 
catchline in Code. See Beaufort County 
V. Jasper County, 220 S. C. 469, 68 S. E. 
2d 421 (1951). 



etc. 

In accord with paragraph under this 
catchline in Code. See Beaufort County 
V. Jasper County, 220 S. C. 469, 68 S. E. 
2d 421 (1951). 

§ 2, Section of old county to be cut off. 

Legislature determines compliance with 
constitutional requirements. — The Legisla- 
ture itself is charged with the duty of de- 
termining whether the constitutional re- 
quirements in respect to annexation or the 
creation of a new county have been com- 

§ 4. Area, taxable property and inhabitants of old county. 



plied with, and thus its determination of 
those facts cannot be assailed by evidence 
aliunde the record. Beaufort County v. 
Jasper County, 220 S. C. 469, 68 S. E. 2d 

421 (1951). 



The word "area" as used in this section 
includes marsh lands. Beaufort County v. 
Jasper County, 220 S. C. 469, 68 S. E. 2d 
421 (1951). 

Lands merely owned and occupied by 
the Federal government would not reduce 
the area of a county within the meaning 
of the constitutional provisions. Beaufort 
County v. Jasper County, 220 S. C. 469, 68 
S. E. 2d 421 (1951).^ 

Governor determines whether sufficient 

§ 8. Removal of county seat. 

Editor's note. — This section was inad- 
vertently cited in State v. Seigler, 230 

§ 11. Tovnisliips ; body corporate ; township government. 



area will remain. — For the purpose of or- 
dering the election provided in § 1 of this 
article it is the Governor's prerogative to 
determine the question whether sufficient 
area will remain in the reduced county to 
satisfy the requirement of this section. 
Beaufort County v. Jasper County, 220 S. 
C. 469, 68 S. E. 2d 421 (1951). 

Evidence as to area. — See Beaufort 
County V. Jasper County, 220 S. C. 469. 
68 S. E. 2d 421 (1951). 



S. C. 115, 94 S. E. 2d 231 (1956). Article 
XII, Sec. 8 was intended. 



L GENERAL CONSIDERATION. 

Section must be harmonized with Arti- 
cle 8. — The powers vested in the General 
Assembly by this section to provide for 
township government and to make spe- 
cial provision for municipal government 
must be considered and harmonized with 
article 8 of the Constitution, relating to 
the organization and government of towns 
and cities. Wagener v. Smith, 221 S. C. 
438, 71 S. E. 2d 1 (1952). 

General Assembly may control govern- 
ment of county. 

In accord with paragraph under this 



catchline in Code. See Bynum v. Barron, 
227 S. C. 339. 88 S. E. 2d 67 (1955). 

The writer of the opinion in Mills Mill 
v. Hawkins, 232 S. C. 515, 103 S. E. 2d 14 
(1957). Appeal dismissed. 355 U. S. 605, 78 
S. Ct. 536, 2 L ed 2d 524 (1958), speaking 
only for himself, expressed the view that 
prior decisions upholding special districts 
created for purpose of furnishing water, 
sewerage, garbage collection, etc., may be 
soundly sustained under this section. 

Bill to prevent practice of law by Mas- 
ter of a particular county is constitutionaL 
Atty. Gen. Op., Feb. 19, 1959. 



ARTICLE VIIL 
Municipal Corporations and Police Regulations. 
Organization and classification of municipal corporations. 



§ 1. 

I. GENERAL CONSIDERATION. 

The legislature has plenary power over 
municipalities in absence of constitutional 
limitations, including right to regulate man- 
ner in which boundaries of such govern- 
mental units may be extended or dimin- 
ished, and may authorize the annexation to 
one municipality of all or part of another 
municipality adjacent to it and this may be 



done without the consent of inhabitants of 
territory annexed, or the municipality to 
which it is annexed. Town of Forest Acres 
V. Town of Forest Lake, 226 S. C. 349, 85 
S K 2d 192 (1954). 

Cited in Town of Forest Acres v. Town 
of Forest Lake, 226 S. C. 349, 85 S. E. 2d 
192 (1954). 



35 



Art. 8, § 2 



Code; of Laws of South Carolina 



Art. 8, § 6 



II. APPLICATION OF SECTION. 
A. Acts Contravening Section. 

Act denying to particular municipality 
right to operate municipal gas system. — 
See Welling v. Clinton Newberry Natural 
Gas Authority. 221 S. C. 417, 71 S. E. 2d 
7 (1952). 

Act imposing duty on city to furnish 
water to those outside its corporate limits. 
— An act imposing upon a city duty of 
furnishing water to those outside its cor- 
porate limits, while other municipalities may 
choose not to do so, and requiring discharge 
of this obligation without profit, and deny- 
ing to such city right to contract with out- 
side customers given by § 59-531, violates 



this section. Sossamon v. Greater Gaffney 
Metropolitan Util. Area, 236 S. C. 173, 113 
S. E. 2d 534 (1960). 

B. Acts Not Contravening Section. 

Section 47-105, excepting islands from 
the provisions of the general law as to 
maximum corporate limits of towns hav- 
ing less than one thousand inhabitants, 
does not violate this section. Wagener v. 
Smith, 221 S. C. 438, 71 S. E. 2d 1 (1952). 

Act not denying municipalities* right to 
operate municipal gas systems. — See Well- 
ing V. Clinton Newberry Natural Gas 
Authority, 221 S. C. 417, 71 S. E. 2d 7 
(1952). 



§ 2. Electors must consent to organization. 

An unrevised registration list is not ner v. Smith, 221 S. C. 438, 71 S. E. 2d 

conclusive of the nvunber of electors re- 1 (1952). 

siding and entitled to vote within the dis- Cited in Wagener v. Johnson, 223 S. C 

trict proposed to be incorporated. Wage- 470, 76 S. E. 2d 611 (1953). 

§ 3. Taxes. 

The establishment of a municipal air- meaning of this section. Evatte v. Cass, 
port is for "pubUc purpose" within the 217 S. C. 62, 59 S. E. 2d 638 (1950). 

§ 4. Street railway, etc. 

Cited in DeTreville v. Groovw. 219 S. 
C. 313, 65 S. E. 2d 232 (1951). 

§ 5. Waterworks systems ; plants furnish lights and ice. 



L GENERAL CONSIDERATION. 

Right given by this section may not be 
withdrawn by Legislature. Sossamon v. 
Greater Gaffney Metropolitan Util. Area, 
236 S. C. 173, 113 S. E. 2d 534 (1960). 

Applied in Spartanburg v. Blalock, 223 
S. C. 252, 75 S. E. 2d 361 (1953). 

Stated in DeTreville v. Groover, 219 S. 
C. 313, 65 S. E. 2d 232 (1951). 

II. APPLICATION OF SECTION. 

This section is not applicable to a natu- 
ral gas system designed to furnish heat- 
ing facilities. Welling v. Clinton Newberry 
Natural Gas Authority, 221 S. C. 417, 71 
S. E. 2d 7 (1952). 

§ 6. Corporate taxes must be uniform 

II. POWER TO TAX. 
Establishment and maintenance of a 
public airport is a corporate purpose. 
Evatte v. Cass, 217 S. C. 62, 59 S. E. 2d 
638 (1950). 

Municipality has power to fix different 
rates for licenses where classes are different, 
but such licenses must be graduated as to 
the affected classifications in compliance 
with provisions of this section and § 47-271. 
Town of Forest Lake v. Town of Forest 



This section does not limit service to 
those situate within corporate limits. Sos- 
samon v. Greater Gaffney Metropolitan 
Util. Area, 236 S. C. 173, 113 S. E. 2d 534 
(1960). 

Right granted by this section cannot be 
denied by Legislature, and act imposing 
upon city duty of furnishing water to those 
outside its corporate limits, without profit, 
and thus appropriating, without consent and 
without compensation, city's water system 
to use of inhabitants of another govern- 
mental unit, violates this section. Sossamon 
v. Greater Gaffney Metropolitan Util. Area, 
236 S. C. 173, 113 S. E. 2d 534 (1960). 

; license taxes. 

Acres, 227 S. C. 163, 87 S. E. 2d 587 
(1955). 

An ordinance which provides a flat fee 
as a license for doing business is void in 
that it does not meet the requirements of 
this section. Town of Forest Lake v. Town 
of Forest Acres, 227 S. C. 163, 87 S. E. 2d 
587 0955). 

License tax must be graduated and flat 
tax of $10 as a minimum void. Atty. Gen. 
Op. Dec. 28, 1957. 



36 



Art. 8, § 7 Constitution of the; State; of South Carolina Art. 9, § 20 



§ 7. Bonded debt; certificates of indebtedness; sinking fnnd; refunding 
bonded debt; provisos as to certain cities added by amendment. 



I. GENERAL CONSIDERATION. 

Cited in Evatte v. Cass, 217 S. C. 62, 59 
S. E. 2d 638 (1950), as to amendment relat- 
ing to Orangeburg. 

Applied as to Clinton in Baldwin v. Mc- 
Fadden, 234 S. C. 563, 109 S. E. 2d 579 
(1959). 

Cited in Berry v. Milliken, 234 S. C. 
518, 109 S. E. 2d 354 (1959); Johnson v. 
Thomason, 236 S. C. 135, 113 S. E. 2d 417 
(1960). 



V. APPLICATION OF SECTION. 

The special amendment relating solely 
to Georgetown does not prevent consolida- 
tion of the city's three utilities into a single 
system on the ground that revenues from 
one unit may not be used for either of the 
other units. Doyle v. Rosen, 229 S. C. 67, 
91 S. E. 2d 887 (1956). 



§ 8. Manufactories may be exempt from taxation. 



Manufactories may be exempted from 
taxation. — Legislature may exempt from 
levy of all or any portion of county taxes 
the properties of manufacturers located in 
county where taxes are levied. West 
Virginia Pulp & Paper Co. v. Riddock, 
225 S. C. 283, 82 S. E. 2d 189 (1954). 

§ 10. Boards of health. 

Ordinances not in conflict with this sec- 
tion. — Municipal ordinance enacted in exer- 
cise of police power granted by chapter 5, 
of Title 36 (§§ 36-501 et seq.), providing for 
repair, alteration or demolition of dwellings 
unfit for habitation. Richards v. City of 



Tax exemption ordinances invalid be- 
cause of failure to hold election required 
by this section. Watson v. City of Orange- 
burg, 229 S. C. 367, 93 S. E. 2d 20 (1956). 

Quoted in Arkwright Mills v. Murph, 
219 S. C. 438, 65 S. E. 2d 665 (1951). 



Columbia, 227 S. C. 538, 88 S. E. 2d 683 
(1955). 

Forbidding pupils from attending school 
without having been vaccinated is consti- 
tutional. Atty. Gen. Op. Sept. 23, 1955. 



ARTICLE IX. 
Corporations. 



§7. 



Consolidation of stock with competing line; Jury may decide whether 
lines are parallel or competing. 

Cited in Romanus v. Biggs, 217 S. C. 17, 
59 S. E. 2d 645 (1950). 

§ 9. Banks. 

Quoted in Floyd v. Thornton, 220 S. C. 
414, 68 S. E. 2d 334 (1951). 

§ 13. Trusts, combinations, etc. 

An act creating a natural gas authority 
to construct, maintain and operate a gas 
distribution system serving a specified 
area, and providing that no municipality 
or other public authority or body shall 
operate a competing system within this 

§ 14. The Public Service Commission. 

This section is not self-executing. Atty. 
Gen. Op. No. 557, Oct. 16, 1958. 

§ 18. Liability of stockholders. 

Cited in Henry v. Alexander et al., 186 
S. C. 17, 194 S. E. 649 (1937). 

§ 20. Right of way. 

I. GENERAL CONSIDERATION. 
This section not applicable to municipal 
corporations or other governmental agen- 



service area, does not give the authority a 
monopoly in violation of this section. 
Welling V. Clinton Newberry Natural Gas 
Authority, 221 S. C. 417, 71 S. E. 2d 7 
(1952). 



cies. Smith v. City of Greenville, 229 S. C. 
252, 92 S. E. 2d 639 (1956). 



37 



Art. 10, § 1 



CoDiS o^ Laws of South Carolina 



Art. 10, § 4 



ARTICLE X. 
Finance and Taxation. 



§ 1. Taxation and assessment. 

I. GENERAL CONSIDERATION. 

Intangible personal property not taxable 
in absence of legislative action. Where, since 
1932 amendment of this section, there has 
been no legislative action especially pro- 
vided by authority and within limitation of 
this section, city improperly collected in- 
tangible personal property taxes, even 
though legislation had been adopted prior 
to 1932 with respect to taxation of in- 
tangible personal property and these pro- 
visions had been carried forward in sub- 
sequent codes. Francis Marion Life Ins. 
Co. V. City of Columbia, S. C. ,115 

S. E. 2d 796 (1960). 

Stated in Byrd v. Blue Ridge Rural 
Electrical Cooperative, 215 F. 2d 542 
(1954), reversing 118 F. Supp. 868. 

Quoted in Nesbitt v. Gettys, 219 S. C. 
221, 64 S. E. 2d 651 (1951); Roper v. 
South Carolina Tax Comm., 231 S. C. 587, 
99 S. E. 2d 377 (1957). 

Cited in Byrd v. Blue Ridge Rural 
Electrical Cooperative, 215 F. 2d 542 
(1954), reversing 118 F. Supp. 868; Bush v. 
Aiken Electric Cooperative, 226 S. C. 442, 
85 S. E. 2d 716 (1955). 

III. GRADUATED LICENSE TAX. 
A. In General. 

Provision is permissory. — The constitu- 
tional word "may" as used in the pro- 
vision of this section authorizing a grad- 
uated income tax and license tax is per- 
missory or advisory, and the Legislature is 
not restricted at all to graduation in such 

§ 2. Expenses of State government. 

I. GENERAL CONSIDERATION. 

Section inapplicable to capital outlays. — 
This section expressly refers to "ordinary 
expenses of the State" and can have noth- 
ing to do with capital outlays for perma- 
nent improvements. State v. Byrnes, 219 
S. C. 485, 66 S. E. 2d 33 (1951). 

Issuance of notes for financing deficit 

§ 3. Tax shall be levied in pursuance 

II. ACTS NOT VIOLATING 
SECTION. 
The General Appropriation Act of 1951, 
which provides, among other things, for 
financing a school construction program 
by authorizing the issuance of general 
obligation bonds of the State, and for a 
general retail sales tax and the pledge of 
sufficient revenue therefrom to retire the 
bonds authorized in the act, does not vio- 
late this section in that surplus from the 



cases. State v. Byrnes, 219 S. C. 485, 66 
S. E. 2d 33 (1951). 

B. Application. 
The "chain store" tax levied by § 65-1382 
does not violate this section. State v. 
Byrnes, 219 S. C. 485, 66 S. E. 2d 33 
(1951). 

IV. PROPERTY EXEMPT FROM 
TAXATION. 

A. In General. 

It is well settled in South Carolina that 
the power to prescribe what property shall 
be taxed implies the power to prescribe 
what property shall be exempt from taxa- 
tion, and that in the absence of a constitu- 
tional provision to the contrary, the Legis- 
lature may exempt such classes of prop- 
erty as in its opinion the public policy of 
the State requires. Byrd v. Blue Ridge 
Rural Electrical Cooperative, 215 F. 2d 542 
(1954), reversing 118 F. Supp. 868. 

B. Application. 
Exemption of rural electric cooperative! 

from taxation constitutional. — Exemption 
of rural electric cooperatives from taxation 
does not violate the provisions as to uni- 
formity of taxation contained in this sec- 
tion or Art. 10, § 5, of the State Constitu- 
tion or the due process or the equal pro- 
tection clauses of the 14th Amendment 
to the Federal Constitution. Byrd v. Blue 
Ridge Rural Electrical Cooperative, 215 
F. 2d 542 (1954), reversing 118 F. Supp. 
868. 



without maturity during ensuing year, un- 
constitutional. — A Bill providing for fi- 
nancing deficit by issuance of notes with- 
out limiting term of such notes to ensuing 
fiscal year, and without providing for levy 
of taxes to pay such notes during next 
fiscal year, is violative of this section. Atty. 
Gen. Op., March 20, 1959. 

of law. 

revenue provided by the act, after payment 
of the principal and interest of the school 
bonds and payment of overplus into the 
school fund, is unallocated. State v. 
Byrnes, 219 S. C. 485, 66 S. E. 2d 33 
(1951). 

Acts authorizing taxes to retire bonded 
indebtedness in school districts, and for 
operation of schools. — Smith v. Lexington 
School Dist. No. 1, 219 S. C. 191, 64 S. E. 
2d 534 (1951). 



§ 4. Property exempt from taxation. 

It is well settled in South Carolina that be taxed implies the power to prescribe 
the power to prescribe what property shall what property shall be exempt from taxa- 

38 



Art. 10, § 5 Constitution of rut State; of South Carouna Art. 10, § 5 

tion, and that in the absence of a con- (1954), reversing 118 F. Supp. 868. 

stitutional provision to the contrary, the Stated as to burying grounds in Atty. 

Legislature may exempt such classes of Gen. Op. Sept. 6, 1955. 

property as in its opinion the public policy Stated in Byrd v. Blue Ridge Rural 

of the State requires. Byrd v. Blue Ridge Electrical Cooperative, 215 F. 2d 542 

Rural Electrical Cooperative, 215 F. 2d 542 (1954), reversing 118 F. Supp. 868. 

§ 5. Taxes may be levied for corporate purposes; shares of stockholders; 
limit of bonded debt. 

« 41 m 

Provided, that the limitations as to bonded indebtedness imposed by this section 
shall not apply to Lockhart School District in Union County, and that Lockhart 
School District in Union County may incur bonded indebtedness to an amount not 
exceeding twenty-four (24%) per cent of the assessed value of all taxable property 
therein, without regard to the amount of bonded indebtedness now outstanding or 
hereafter created of any municipal corporation or political subdivision located wholly 
or partly within said district. 

1950 (46) 3576; 1952 (47) 1876. 

Provided, further, that the limitations imposed by this section shall not apply 
to Kershaw County and such county is authorized to incur bonded indebtedness 
to an amount not exceeding twenty per centum of the assessed value of all of the 
taxable property therein. 

1952 (47) 2615; 1953 (48) 325. 

Provided, that the limitations imposed by this Section 5, Article X, shall have no 
application to the bonded indebtedness of (^reenville Memorial Auditorium District, 
in Greenville County, South Carolina, and the Greenville Memorial Auditorium 
District may incur bonded indebtedness for corporate purposes to an amount not 
exceeding eight per cent of the assessed value of all the taxable property in the 
district. 

1954 (48) 2175; 1955 (49) 8. 

Provided, further, that the limitations as to bonded indebtedness imposed by 
Section 5 of Article X of the Constitution shall not apply to Branchville School 
District No. 8 in Orangeburg County, but this school district may incur bonded 
indebtedness to an amount not exceeding fifteen per centum of the assessed value 
of all the taxable property therein, without regard to the amount of bonded indebted- 
ness now outstanding or hereafter created of any municipal corporation or political 
subdivision located wholly or partly within said district. 

1956 (49) 2749; 1957 (50) 79. 

Provided, that the limitations as to bonded indebtedness imposed by this section 
shall not apply to Orangeburg School District No. 5, of Orangeburg County, the 
State of South Carolina, and that the said school district may incur bonded 
indebtedness for school purposes to an amount not exceeding fifteen per cent of the 
assessed value of all taxable property therein. 

1956 (49) 2975; 1957 (50) 93. 

Provided, that the limitations imposed by Section 5, Article X, are removed for 
Oconee County and such county may impose a bonded indebtedness not exceeding 
fifteen per cent of the assessed value of the taxable property in the county. This 
limitation shall not be construed to affect or limit the power of other political sub- 
divisions or municipal corporations covering or extending over any portion of the 
territory in the county. 

1958 (50) 2577; 1959 (51) 8. 

Provided, that the limitations as to bonded indebtedness imposed by this section 
shall not apply to the school districts of Bamberg County, the State of South Caro- 

39 



Art. 10, § 5 



Code of Laws of South Caroi^ina 



Art. 10, § 5 



Una, and that the said school districts may incur bonded indebtedness for school 
purposes to an amount not exceeding ten per cent of the assessed value of all 
taxable property therein. 

1958 (50) 2107; 1959 (51) 41. 

Effect of amendments. — The 1952 amend- 
ment added proviso relating to the Lock- 
hart School District in Union County. 

The 1953 amendment added proviso re- 
lating to Kershaw County. 

The 1955 amendment added the proviso 
relating to Greenville Memorial Auditorium 
District in Greenville County. 

The 1957 amendment, p. 79, added pro- 
viso relating to Branchville School District 
No. 8 in Orangeburg County and p. 93 
added proviso relating to Orangeburg 
School District No. 5 in Orangeburg 
County. 

The 1959 amendment, p. 8, added pro- 
viso relating to Oconee County; p. 41 add- 
ed proviso relating to Bamberg County. 

I. GENERAL CONSIDERATION. 

Political division or subdivision. — Spe- 
cial purpose district for purpose of estab- 
lishing and maintaining public airport is 
a political division or subdivision of the 
State within contemplation of this section, 
and obligations incurred by such district 
would constitute bonded indebtedness with- 
in meaning of this section. Berrv v. Milli- 
ken, 234 S. C. 518, 109 S. E. 2d 354 
(1959). 

Quoted in Tipton v. Smith, 229 S. C. 471, 
93 S. E. 2d 640 (1956). 

Cited in Briggs v. Elliott, 103 F. Supp. 
920 (1952). 

II. POWER TO TAX. 

Exemption of rural electric cooperatives 
from taxation constitutional. — Exemption 
of rural electric cooperatives from taxa- 
tion does not violate the provisions as to 
uniformity of taxation contained in this 
section or Art. 10, § 1, of the State Con- 
stitution or the due process or the equal 
protection clauses of the 14th Amendment 
to the Federal Constitution. Byrd v. Blue 
Ridge Rural Electrical Cooperative, 215 
F. 2d 542 (1954), reversing 118 F. Supp. 
868. 

III. Bonded Debt. 

And neither is debt met without tax 

levy. — In accord with paragraph under this 

catchline in Code. See Berry v. MilHken, 

234 S. C. 518, 109 S. E. 2d 354 (1959). 

IV. BONDS FOR CORPORATE 

PURPOSES. 

Establishment and mdntenance of a 
public airport is a corporate purpose. 
Evatte V. Cass, 217 S. C. 62, 59 S. E. 2d 
638 (1950). 

Public hospital is corporate purpose. — 
Hospital being a needed public facility, and 
since erection, maintenance and operation 
of hospitals by the State and its sub- 
divisions has long been an approved and 
common activity, an act, (48 Stat. 692), 



authorizing Anderson County to issue 
bonds for hospital facilities is within this 
section. Bolt v. Cobb, 225 S. C. 408. 82 
S. E. 2d 789 (1954). 

V. LIMITATION ON BONDED 
DEBT. 

County and school district are separately 
subject to debt limitation. — A county and 
a consolidated school district comprising 
all the area in the county are separate and 
distinct corporate entities of coincidental 
and coextensive areas, and are separately 
subject to the constitutional debt limita- 
tion. Tindall v. Byars, 217 S. C. 1, 59 S. 
E. 2d Zi7 (1950). 

Limitations on bonded debt in special 
purpose district for establishing public air- 
port. — Debt limit of special purpose district 
created for purpose of establishing and 
maintaining public airport and embracing 
two counties is controlled by the 8% limi- 
tation of this section, but such district is 
not subject to the 15% debt limitation 
thereof. Berry v. Milliken, 234 S. C. 518, 
109 S. E. 2d 354 (1959). 

Municipal bonds excluded in determin- 
ing debt limitation of special purpose dis- 
trict. — Bonded debt of municipality in- 
curred for waterworks, electric light plant, 
sewerage and street improvement pur- 
poses should be excluded from any calcu- 
lation to determine if bonded debt in- 
curred by hospital district would exceed 
15% limitation, in view of amendment of 
S. C. Const. Art. VIII, § 7 relating to 
Clinton and other municipalities. Baldwin 
V. McFadden, 234 S. C. 563, 109 S. E. 
2d 579 (1959). 

County bonds excluded in determining 
debt limitation of special purpose district. — 
Bonded debt of Laurens County incurred 
for construction or maintenance of roads, 
bridges and public buildings should be ex- 
cluded from calculation to determine if hos- 
pital district might issue bonds, in view of 
1920 amendment of this section relating to 
Laurens County. Baldwin v. McFadden, 
234 S. C. 563, 109 S. E. 2d 579 (1959). 

Cited in Lowerv v. Shirley, 234 S. C. 
279, 107 S. E. 2d 769 (1959). 

VI. PROVISOS INTERPRETED. 

Scope of amendment relating to York 
County. — The amendment of 1927 relating 
to York County provides two bonded debt 
limitations for that county — one of 8% for 
any proper county purpose and another for 
18% when bonds are for highway and 
bridge construction, and highway and 
bridge bonds are not to be considered in 
determining right to issue bonds for other 
county purposes to original limitation of 



40 



Art. 10, § 6 Constitution of rut State of South Carolina Art. 10, § 7 



8%. Knight v. Allen, 234 S. C. 559, 109 
S. E. 2d 585 (1959). 

Amendment relating to Laurens Coimty 
requires election. — While the provision in 
amendment of 1921 relating to Laurens 
County that the County may "vote bonds" 
is ambiguous, this amendment requires 



vote of qualified electors of Laurens Coun- 
ty on question of issuance of bonds, and 
absence of provision for such election in 
Act to authorize issuance by that County 
of general obligation bonds, renders the 
Act invalid. Johnson v. Thomason, 236 
S. C. 135, 113 S. E. 2d 417 (1960). 



§ 6. Credit of State; for what purposes tax levied or bonds issned; provisos. 

IV. ACTS NOT VIOLATING 
SECTION. 
Act pledging revenue from sales tax to 
retire school bonds. — An act providing for 
the issuance of general obligation bonds 
Creation of special purpose district for of the State to finance a program of con- 
purpose of establishing and maintaining struction of school buldings and other 
public airport is lawful exercise by Gen- school facilities and enacting a retail sales 



L GENERAL CONSIDERATION. 

The limitation imposed by this section 
does not apply to municipalities. Evatte 
V. Cass, 217 S. C. 62, 59 S. E. 2d 638 
(1950). 



eral Assembly of its plenary power to cre- 
ate special purpose districts. Berry v. Mill- 
iken, 234 S. C. 518, 109 S. E. 2d 354 
(1959). 

Restrictions imposed by this section re- 
late solely to counties and townships and 
the 1945 amendment permitting a county 
or township to levy tax or issue bonds for 
an airport did not restrict power of Gen- 
eral Assembly to permit special purpose 
district to levy tax or issue bonds for air- 
port facilities. Berry v. Milliken, 234 S. C. 
518, 109 S. E. 2d 354 (1959). 

III. PURPOSES FOR WHICH 

COUNTY AND TOWN 

BONDS ISSUED. 

The word "roads," as used in this sec- 
tion, includes such municipal streets as 
form an integral part of the county high- 
ways and are used by the people of the 
county at large or a substantial portion 
thereof. Stated differently, it includes 
such streets as subserve both a county and 
a municipal purpose. Leonard v. Talbert, 
222 S. C. 79, 71 S. E. 2d 603 (1952). 

Undertaking must come within this 
section. — However public the purpose, 
county taxes may not be levied or county 
bonds issued for an undertaking which 
does not come within the purposes set 
forth in this section. Leonard v. Talbert, 
225 S. C. 559, 83 S. E. 2d 201 (1954). 

Public hospital is corporate purpose. — 
Hospital being a needed public facility, and 
since erection, maintenance and operation 
of hospitals by the State and its sub- 
divisions has long been an approved public 
facility, an Act, (48 Stat. 692), authorizing 
Anderson County to issue bonds for hos- 
pital facilities is within this section. Bolt 
V. Cobb, 225 S. C. 408, 82 S. E. 2d 789 
(1954). 



and use tax and pledging the revenue de- 
rived therefrom to retire the bonds does 
not lend or pledge the credit of the State 
for the benfit of any individual, company, 
association or corporation in violation of 
this section. State v. Byrnes, 219 S. C. 485, 
66 S. E. 2d 33 (1951). 

Act creating Greenville-Spartanburg Air- 
port District for purpose of establishing and 
maintaining public airport and authorizing 
issuance of general obligation bonds. Berry 
V. Milliken, 234 S. C. 518, 109 S. E. 2d 
354 (1959). 

V. ACTS VIOLATING SECTION. 

Act providing for construction of recrea- 
tional facilities. — An act providing for is- 
suance of bonds for physical education, 
and construction of recreational facilities 
for use of school children particularly 
during summer vacations and of other 
members of public in furtherance thereof, 
does not come within the purposes set 
forth in this section, the undertaking being 
neither an educational nor an ordinary 
county purpose, but plainly a recreational 
purpose which could not have been within 
the intent of the framers of the Constitu- 
tion. Leonard v. Talbert, 225 S. C. 559, 
83 S. E. 2d 201 (1954). 

Appropriation of public funds for con- 
struction of buildings for private use, un- 
constitutional. — Appropriation by a county 
to a county development board of funds 
for purpose of constructing a building for 
industrial use to be leased to some private 
enterprise, rent to be used for reimburse- 
ment to county, is violative of this sec- 
tion. Atty. Gen. Op., Mar. 6, 1959. 

Act providing for fire protection for 
rural areas. Atty. Gen. Op., May 22, 1959. 



§ 7. Scrip, certificate, or evidence of State debt. 

Section inapplicable to State bonded without its context, on which account it is 

debt. — This provision is a fragment of an generally considered inapplicable to the 

article of the antecedent Constitution of State bonded debt. State v. Byrnes, 219 S, 

1868, inserted in the Constitution of 1895 C. 485, 66 S. E. 2d 33 (1951). 



41 



Art. 10, § 9 



Code; of Laws of South Carolina 



Art. 11, 



funds, for to do so would be to trespass 

upon the legislative domain. Gregory v. 
Rollins, 230 S. C. 269, 95 S. E. 2d 487 
(1956). 

Court may not, by mandamus, compel 
payment of a judgment against county out 
of its surplus funds for that would, in 
effect, amount to appropriation in the legis- 
lative sense of that word. Gregory v. 
Rollins, 230 S. C. 269, 95 S. E. 2d 487 
(1956). 

Quoted in Beacham v. Greenville Coun- 
ty, 218 S. C. 181, 62 S. E. 2d 92 (1950). 



§ 9. Money. 

This section applies to public funds. 

In accord with paragraph under this 
catchline in Code. See Bynum v. Barron, 
227 S. C. 339. 88 S. E. 2d 67 (1955). 

It is fundamental that appropriation of 
public funds is a legislative function, and 
is beyond the power of a grand jury, a 
county board of commissioners or, in Lan- 
caster County, its board of directors, and 
the judiciary. Gregory v. Rollins, 230 S. C. 
269, 95 S. E. 2d 487 (1956). 

Courts may not, by mandamus or other- 
wise, direct the appropriation of public 

§ 11. Public debt; State bonds. 

I. GENERAL CONSIDERATION. 

Cited in Johnson v. Thomason, 236 S. C. 
135, 113 S. E. 2d 417 (1960). 

II. WHERE SECTION NOT 
VIOLATED. 

Where special fund is ample for pay- 
ment thereof. 

In accord with paragraph under this 
catchline in Code. See State v. Byrnes, 
219 S. C. 485, 66 S. E. 2d 33 (1951); Arthur 
V. Byrnes, 224 S. C. 51, 11 S. E. 2d 311 
(1953). 

Sufficiency of special fund is judicial 
question. — The question of the sufficiency 
of the special fund is in the nature of a 
judicial function, and while it may be dele- 
gated to executive and administrative offi- 
cers under the Constitution, their conclu- 
sion is subject to court review and reversal 
in proper cases. Arthur v. Byrnes, 224 S. C. 
51, 11 S. E. 2d 311 (1953). 

And Supreme Court may fix proper cov- 
erage. — In determining the validity of the 

§ 12. Safe-keeping of public funds; embezzlement thereof felony; General 
Assembly may remove disability. 

Cross reference. — See notes under § Cited in State v. Heath, 232 S. C. 384, 

16-363. 102 S. E. 2d 268 (1958). 

§ 22. Assessment of abutting property for highway improvements in Horry 
County. 

The General Assembly shall be empowered to enact legislation permitting the 
County Board of Commissioners of Horry County to levy an assessment against 
abutting real property within five miles of the corporate limits of any municipality in 
the county for the purpose of paving and improving roads or highways within such 
area. 

1957 (50) 1103; 1959 (51) 23. 

ARTICLE XL 
Education. 
§ 1. Superintendent of Education. 

Cited in Lee v. Clark, 224 S. C. 138, 11 
S. E. 2d 485 (1953). 

§ 2. State Board of Education. 

Cited in Lee v. Clark, 224 S. C. 138, 11 
S. E. 2d 485 (1953). 

42 



proposed bonds, the Supreme Court is not 
confined solely to the margin provided in 
the act, but may fix what it considers to be 
a proper coverage and sustain the validity 
of the bonds to the extent permitted by 
the coverage so fixed. Arthur v. Byrnes, 
224 S. C. 51, 11 S. E. 2d 311 (1953). 

The phrase "reasonably sufficient" should 
be construed as meaning that the special 
fund or revenue pledged will with reason- 
ably anticipated certainty be sufficient to 
pay the principal and interest of such ob- 
ligations. Arthur v. Byrnes, 224 S. C. 51, 
11 S. E. 2d 311 (1953). 

III. VIOLATIONS OF SECTION. 

Only excess over debt limit declared in- 
valid. — Where the total amount of bonds 
authorized exceeds the constitutional debt 
limitation, but a portion of same is within 
such limit, only the excess will be declared 
invalid. Arthur v. Byrnes, 224 S. C. 51, 17 
S. E. 2d 311 (1953). 



Art. 11, § 3 Constitution of* the; State of South Carolina Art. 11, § 7 



§ 3. School officers. 

General Assembly may prescribe qualifi- 
cations for office. — Notwithstanding the 
provisions of S. C. Const., Art. 2, § 2, and 
Art. 1, § 10, that every qualiiied elector 
shall be eligible for public ofitice, it was in- 
tended by this section that the General 
Assembly should be vested with the power 
to prescribe other qualifications for the of- 
fice of school trustees. Lee v. Clark, 224 
S. C. 138, n S. E. 2d 485 (1953). 

But qualifications may not be arbitrary. 
— The qualifications fixed for the office of 
school trustee may not be arbitrary, they 
must be reasonable and based upon sub- 
stantial grounds which are natural and in- 
herent in the subject matter of the legis- 
lation, and the rights shall belong equally 
to each member of the class created by 



such qualifications. Lee v. Clark, 224 S. C. 
138, n S. E. 2d 485 (1953). 

Act giving unreasonable preferential 
status to women candidates invalid. — An 

act providing that, of nine trustees of a 
consolidated school district, not less than 
three should be women electors, and that 
in the election of said trustees, the three 
women candidates receiving the largest 
number of votes cast for the women can- 
didates should be declared elected, and the 
six other candidates who should receive 
the highest number of votes, whether men 
or women electors, should be declared 
elected, was unconstitutional as giving, 
without reasonable basis, a preferential 
status to women candidates. Lee v. Clark, 
224 S. C. 138, n S. E. 2d 485 (1953). 



§ 5. Free public schools ; school districts. 

Repealed by A. & J. R. 1952 (47) 2223 and A. & J. R. 1954 (48) 1695. 

Purpose of section. — The obvious pur- 
pose of this section was to give all the 
children of the State an opportunity to 
attend free public schools. Powers v. State 
Educational Finance Comm., 222 S. C. 433, 
73 S. E. 2d 456 (1952). 

This section should be liberally con- 
strued. Powers v. State Educational Fi- 
nance Comm., 222 S. C. 433, 11 S. E. 2d 
456 (1952). 

Section does not fix number of schools 
for county. 

In accord with paragraph under this 
catchline in Code. See Smith v. Lexing- 
ton vSchool Dist. No. 1, 219 S. C. 191, 64 S. 
E. 2d 5.34 (1951). 

Under this section the General Assembly 
may authorize the formation of a school 
district embracing territory situated in two 
or more counties. It may authorize the 
consolidation of school districts lying in 
difTerent counties. It may authorize the 
annexation of territory in one county to 



an adjoining school district in another 
county. It may create, or authorize the 
creation of, a district comprising the whole 
of one county and part of an adjacent 
county. Powers v. State Educational Fi- 
nance Comm., 222 S. C. 433, 11 S. E. 2d 
456 (1952). 

For cases construing this section as it 
stood before the 1951 amendment, which 
eliminated a former limitation upon the 
area of school districts and a number of 
provisos exempting particular counties from 
the operation of such limitation, see Tindall 
V. Byars, 217 S. C. 1, 59 S. E. 2d 337 
(1950); Smith v. Lexington School Dist. 
No. 1, 219 S. C. 191, 64 S. E. 2d 5.34 (1951). 

Quoted in State v. Byrnes, 219 S. C. 485, 
66 S. E. 2d ZZ (1951); Briggs v. Elliott, 
98 F. Supp. 529 (1951), dis op. of Waring, 
D. T. 

Cited in Nesbitt v. Gettys, 219 S. C. 221, 
644 S. E. 2d 651 (1951). 



§ 6. Enrollment; trustees; poll tax; supplementary tax. 

The effect of this section and S. C. 
Const., Art. 11, § 12, is not to confine the 
State's financial support of the public 
schools to the proceeds of the poll tax and 
the tax upon the sale, or license for the 
sale, of intoxicating liquors or beverages. 



State V. Bvrnes, 219 S. C. 485, 66 S. E. 
2d Z2, (1951). 

Act not violating section. — See Smith 
V. Lexington School Dist. No. 1, 219 S. C. 
191. 64 S. E. 2d 534 (1951). 

Quoted in Lee v. Clark, 224 S. C. 138, 
n S. E. 2d 485 (1953). 



§ 7. Separate schools. 

Segregation not violative of United States 
Constitution. — If equal facilities are ofiFered, 
segregation of the races in public schools 
as prescribed by the Constitution and laws 
of South Carolina is not of itself violative 
of the Fourteenth Amendment to the 
United States Constitution. Briggs v. 
Elliott, 98 F. Supp. 529 (1951). See Briggs 
V. Elliott, 103 F. Supp. 920 (1952); Briggs 



V. Elliott, 342 U. S. 350, 72 S. Ct. 327, 96 
L. Ed. 392 (1952). 

Segregation violative of United States 
Constitution. — Segregation of children in 
public schools solely on the basis of race, 
even though the physical facilities and other 
"tangible" factors may be equal, deprive 
Negro children of equal educational oppor- 
tunities, in violation of the Fourteenth 



43 



Art. 11, § 8 Code; of Laws of South Carolina Art. 16, § 1 

Amendment to the U. S. Constitution. S. Ct. 753, 99 L. Ed. 1083 (1955). 
Brown v. Board of Education of Topeka, Children not required to integrate. — A 

347 U. S. 483, 74 S. Ct. 686, 98 L. Ed. 873, state may not directly or indirectly deny 

(1954). to any person on account of race the right 

And all laws must yield. — All provisions to attend any school that it maintains; but 

of federal, state or local law requiring or if schools which it maintains are open to 

permitting racial discrimination in public children of all races, no violation of the 

education, must yield to the fundamental Constitution is involved even though chil- 

principle that such discrimination is un- dren of different races voluntarily attend 

constitutional. Brown v. Board of Educa- different schools. Briggs v. Elliott, 132 F. 

tion of Topeka, Kansas, 349 U. S. 294, 75 Supp. 776 (1955). 

§ 8. Olemson Agricultural College; South Carolina School for the Deaf and 
Blind; University of South Carolina; Winthrop Normal and Indus- 
trial College; Colored Normal, Industrial, Agricultural and Mechani- 
cal College. 

Editor's Note.— A. & J. R. 1954 (48) lege of South Carolina to South Carolina 
1722 changed name of Colored Normal, In- State College, 
dustrial, Agricultural and Mechanical Col- 

§ 9. Property or credit of State shall not benefit sectarian institutions. 

Cited in Bolt v. Cobb, 225 S. C. 408, 82 
S. E. 2d 789 (1954). 

§ 12. Income from sale or license for sale of liquors. 

The effect of this section and S. C. State v. Byrnes, 219 S. C. 485, 66 S. E. 2d 

Const., Art. 11, § 6, is not to confine the 33 n95I). 

Stale's financial support of the public Distributions to counties and munici- 

schools to the proceeds of the poll tax and palilies is for general purposes. Atty. Gen. 

the tax upon the sale, or license for the Op., Apr. 7, 1959. 
sale, of intoxicating liquors or beverages. 

ARTICLE XII. 

CharitabIvE and Penal Institutions. 
§ 8. Vacancies. 

This section has to do with removal of 2d 231 (1956). (Editor's note. — This section 
officers of charitable and penal institutions. was inadvertently cited in the opinion as 
State V. Seigler, 230 S. C. 115, 94 S. E. Article VII, Sec. 8). 

ARTICLE XV. 
Impeachment, 
§ 1. Power of impeachment; impeachment of oflBcer. 

Cited in State v. Seigler, 230 S. C. 115, 
94 S. E. 2d 231 (1956). 

§ 3. Oflacers liable to impeachment. 

This section has no reference to sheriffs. 
State V. Seigler, 230 S. C. 115, 94 S. E. 
2d 231 (1956). 

§ 4. Removal of officers. 

This section has no reference to sheriffs. 
State V. Seigler, 230 S. C. 115, 94 S. E. 
2d 231 (1956). 

Article XVI. 
Amendment and Revision oe the Constitution. 
§ 1. Amendments. 

I. GENERAL CONSIDERATION. adoption of constitutional amendment, 

Every reasonable presumption will be Lowery v. Shirley, 234 S. C. 279, 107 S. E. 

indulged in favor of validity of both legis- 2d 769 (1959). 

lative proceedings and election incident to 

44 



Art. 17, § 1 Constitution oif ths State of South Carouna Art. 17, § 9 



Courts are slow to strike down either 
legislative proceedings or election incident 
to adoption of constitutional amendment, 
and will indulge every reasonable presump- 
tion in favor of their validity. Tipton v. 
Smith, 229 S. C. 471, 93 S. E. 2d 640 (1956). 

Election. — It is not necessary that ques- 
tion on ballot include full text of proposed 
amendment; it is sufficient that it describe 
amendment plainly, fairly, and in such 
words that average voter may understand 
its character and purpose. Tipton v. Smith, 
229 S. C. 471, 93 S. E. 2d 640 (1956). 

The question is sufficiently propounded 
to voters by printing on ballot title of pro- 
posing resolution, if such title fairly show 
purpose of amendment. Tipton v. Smith, 
229 S. C. 471, 93 S. E. 2d 640 (1956). 

Where ballot is challenged because of 
form of question proposed rather than 'its 
substance, evidence that voters were in 
fact misled may be required to overcome 
presumption in favor of validity of elec- 
tion; but where question propounded, on 
its face, is manifestly erroneous and mis- 
leading, there is no room for presumption, 
nor is evidence other than the ballot itself 
needed to demonstrate the deception. Tip- 
ton V. Smith, 229 S. C. 471, 93 S. E. 2d 
640 (1956). 

Where ballot in election on proposed 
constitutional amendment submitted title 



of proposing resolution as question pro- 
posed, which title was palpabaly deceptive 
and misleading in that it indicated that 
purpose was to provide a debt limitation 
whereas true import of proposed amend- 
ment was to remove debt limitation, the 
election was invalid. Tipton v. Smith, 229 
S. C. 471, 93 S. E. 2d 640 (1956). 

Posting proposing resolution in each 
voting place as required by § 23-321 did 
not cure ballot which was deceptive and 
misleading in submitting question pro- 
posed. Tipton V. Smith, 229 S. C. 471, 93 
S. E. 2d 640 (1956). 

Requirement of this section with regard 
to submission of proposed amendments to 
qualified voters is satisfied where question 
is fairly stated on ballot in such language 
that average voter may understand true 
import and scope of proposed amendment. 
Lowery v. Shirley, 234 S. C. 279, 107 S. 
E. 2d 769 (1959). 

Cited in Edens v. City of Columbia, 228 
S. C. 563, 91 S. E. 2d 280 (1956). 

Provisions of this section strictly man- 
datory and must be carefully observed. 
Atty. Gen. Op., Feb. 5, 1959. 

Amendment as proposed and voted on 
must be accepted or rejected, and Legis- 
lature may not modify it in ratifying act. 
Atty. Gen. Op., Feb. 5, 1959. 



ARTICLE XVIL 
Miscellaneous Matters. 



§ 1. Qualification of officers. 

Sheriff may not appoint as a deputy a 
deputy sheriff of another state. Atty. Gen. 
Op., Mar. 12, 1959. 

§ 3. Divorces. 

Cross reference. — See notes to §§ 20-1 Ql 
et seq. 

Applied in Thomas v. Thomas, 218 S. C. 
235, 62 S. E. 2d 307 (1950); Machado v. 
Machado. 220 S. C. 90. 66 S. E. 2d 629 
(1951); Lyon v. Lyon, 227 8. C. 25, 86 
S. E. 2d 606 (1955). 

§ 7. Lotteries. 

Cross reference. — See notes to § 16-501. 
Cited in Watkins v. Hodge, 232 S. C. 245, 
101 S. E. 2d 657 (1958). 

§ 9. Property of married women. 

n. APPLICATION OF SECTION. 

The estate of tenancy by the entirety no 
longer exists in South Carolina. Davis v. 
Davis, 223 S. C. 182, 75 S. E. 2d 46 (1953). 



Quoted in Mincey v. Mincey, 224 S. C. 
520. 80 S. E. 2d 123 (1954). 

Cited in Holliday v. Holliday, 235 S. C. 
246, 111 S. E. 2d 205 (1959) ; Davis v. Davis, 
236 S. C. 277. 113 S. E. 2d 819 (1960). 



45 



Volume 7 



Code op Laws of South Carolina 

ARTICLES OF AMENDMENTS. 

Article I of Amendments to the Constitution. 

Cited in Berry v. Milliken, 234 S. C. 518, 
109 S. E. 2d 354 (1959). 



INDEX TO SOUTH CAROLINA CONSTITUTION. 



Allendale County — 
magistrates 

term of office, Art 5, § 20 
Bamberg County — 
school districts 

bonded indebtedness, permissible 
amount, Art 10, § 5 
Charleston County — 
magistrates 

civil jurisdiction, Art 5, § 21 
Circuit courts — 

judges, compensation. Art 5, § 9 
Clarendon County — 
magistrates 

term of office, Art 5, § 20 
Clergyman, spouse of, residence entitling 

to vote. Art 2, § 4 (a) 
Counties — 
division into school 
districts, repealed. Art 11, § 5 
County Court — 

Orangeburg County, Art 5, § 1 
Greenville County — 
Greenville Memorial Auditorium District 
bonds 
permissible amount, Art 10, § 5 
Greenwood County — 
magistrates 

jurisdiction, Art 5, § 21 
Horry County — 
highway improvements, assessment of 
abutting property for. Art 10, § 5 
Kershaw County — 
bonded indebtedness 
limit on. Art 10, § 5 



Lee County — 
magistrates 

jurisdiction, civil 

Bishopville district, Art 5, § 21 
term, Art 5, § 20 
Legislature — 
division of counties into districts, re- 
pealed, S. C. Const., Art 11, § 5 
free school system, duty to provide, re- 



pealed, S. C. Const., Art 11, § 5 
mileage allowable to members, Art 3, § 19 
oath of office of members, Art 3, § 26 
Magistrates' courts — 
jurisdiction. Art 5, § 20 
vacancy. Art 5, § 20 
Marion County — 
magistrates — 

jurisdiction, civil, Art 5, § 21 
Oconee County — 
bonded indebtedness, permissible amount. 
Art 10, § 5 
Orangeburg County 

Branchville School District No. 8 
bonded indebtedness — 
limit on. Art 10, § 5 
School District No. 5 
bonded indebtedness 
limit on, Art 10, § 5 
Orangeburg County Court — 

jurisdiction. Art 5, § 1 
Pickens County — 
magistrates 
term of office. Art 5, § 20 
Schools and School Districts — 

Districts, division of counties into, re- 
pealed, Art 11, § 5 
free public school, 

repealed. Art 11, § 5 
teachers, spouse of, residence entitling to 
vote, Art 2, § 4 (a) 
Supreme Court — 

justices, compensation. Art 5, § 9 
Teachers — 

spouse of, residence entitling to vote. Art 
. 2, § 4 (a) 
Union County — 
Lockhart School District 
bonds 

permissible amount. Art 10, § 5 
magistrates 
term of office, Art 5, § 20 
York County — 
jurors, tales box, may eliminate. Art 3, 
§ 34 



46 



Rules of Practice for the Circuit Courts of South Carolina 



8. [Repealed.] 
11. Argument and requests to charge. 

81. Disposition of civil cases called for 

trial on trial roster. 

82. Disposition of untried cases docketed 

for trial for six terms. 



83. Clerks of courts to notify Supreme 

Court clerk when week of court not 
to be held. 

84. Clerks of court to reg^oft to Chief 

Justice on status of dockets. 



86. 



Roster placement and trial setting of 
civil cases. 



Dress of attorneys. 
Repealed January 1, 1957. 

Argument and request to charge. 



11 



Before the argument of the case commences the counsel on either side shall 
submit to the Court in writing such propositions of law as they propose to rely on, 
which shall constitute the request to charge: Provided, however, That nothing 
herein contained shall prevent either counsel at the close of the argument from sub- 
mitting such additional requests as may be suggested by the course of the argu- 
ment, or from withdrawing any or all of the requests submitted at the beginning of 
the argument. When required by the Court, counsel shall note in the margin oppo- 
site each request the authorities relied on in support of the propositions of law 
therein contained, and also produce the same. 

Effect of amendment. — The second para- recovery and no written request so to 



graph was amended, eflfective January 1, 
1957, by eliminating "read and" on line two. 
Requests must be submitted. — This rule 
applicable in trial in Civil Court of Florence, 
and that Court did not err in failing to 
charge that, because of an exclusion in 
insurance policy, accident must be the sole 
proximate cause of the injury, where ex- 
clusion was not pleaded in answer as bar to 



charge submitted to court prior to argument 
and no oral request therefor made either 
before or after argument, as required by 
this Rule. Richardson v. Pilot Life Insur- 
ance Company, S. C. ,115 S. E. 2d 
500 (1%0). 

Applied in Indemnity Insurance Co. of 
North America v. Odom, S. C. , 116 

S. E. 2d 22 (1960). 



16 
Master or referee to file report in clerk's oflBce. 



Failure to except to stated theory upon 
which case tried. — Where no exception was 
taken to statement of Referee of theory 
upon which case was tried, another theory 



mav not be advocated on appeal. White v. 
Livingston, 231 S. C. 301, 98 S. E. 2d 
534 (1957). 



18 
Numbering causes of action or ground of defense. 

Causes of action must be separately causes of action alleged in complaint. Hop- 



stated, and proper remedy is motion for an 
order requiring plaintiflF to separately state 



kins V. Shuman, 
2d 713 (1959). 



235 S. C. 191, 110 S. E. 



19 



Time to answer not extended without certificate of merits- 
extension. 

Cross reference. — See § 10-609. 
Cited in Strickland v. Rabon, 234 S. C. 
218, 107 S. E. 2d 344 (1959). 

47 



-subsequent 



Rule 20 



Cods of Laws of South Carolina 



Rule 30 



20 



Motions to amend pleadings. 

Cross reference. — Notes here are taken 
only from cases dealing with the time when 
Buch motions must be noticed. For cases 



dealing with such motions generally, see 
note to § 10-606. 



27 



Motions for continuance. 

Continuance is discretionary with judge. 

— In accord with paragraph under this 
catchline in Code. See Graham v. Greenville 
City Coach Lines, 233 S. C. 175, 104 S. E. 
2d 72 (1958). 

Granting or refusal of motion for con- 
tinuance within discretion of trial judge 
which will not be reversed unless there 
was abuse of discretion to prejudice of ap- 
pellant. State V. Lytchfield, 230 S. C. 405, 
95 S. E. 2d 857 (1957). 

And judge's refusal of continuance 
would not be disturbed where counsel's 
statement of what absent witness's testi- 
mony would have been was admitted in 
evidence. State v. Lytchfield, 230 S. C. 
405, 95 S. E. 2d 857 (1957). 

Where discretion abused. — Defendant 
should not be compelled to go to trial in 
absence of only witness by whose testimony 
defense could be made out, where it was 
shown that general superintendent of de- 



fendant had personally dealt with plaintiff 
in matters involved in the action and was 
ill in hospital and could not attend court, 
and was only possible defense witness upon 
crucial issue of fact, and refusal to grant 
motion for continuance, which would have 
resulted in approximately two months de- 
lay, was an erroneous exercise of discretion 
under unusual circumstances of this case, 
even though counsel's statement of what 
absent witness' testimony would have been 
was admitted in evidence. Graham v. Green- 
ville City Coach Lines, 233 S. C. 175, 104 
S. E. 2d 72 (1958). 

Applied in State v. Goodson, 225 S. C. 
418, 82 S. E. 2d 804 (1954); Fairey v. 
Gardner, 233 S. C. 297, 104 S. E. 2d 374 
(1958). 

Cited in Cooley v. Cooley, 222 S. C. 513, 
73 S. E. 2d 712 (1952); State v. Anderson, 
229 S. C. 403. 93 S. E. 2d 210 (1956). 



28 

Issues in equity causes — how tried by jury. 



Framing issues of fact is in court's dis- 
cretion. — Under this catchline in Code, add 
2nd paragraph: 

In an action to enjoin defendant from 
backing water on plaintiff's land and coun- 
terclaim to enjoin plaintiff from maintain- 
ing high level of pond, where conduct of 
parties required action to be regarded sole- 
ly as in equity because there had been no 
appeal from order so holding, and motion 
was made to frame issues under § 10-1057, 
and this Rule, which apply only to cases 
in equity, such motion was addressed to 



sound discretion of trial judge and he was 
fully empowered to refuse to submit is- 
sues to a jury and either to refer case or 
determine questions involved v/ithout a ref- 
erence. Allen Brothers Milling Company 
V. Adams, 233 S. C. 416, 105 S. E. 2d 
257 (1958). 

Applied in Center v, Vaughan, 217 S. C. 
31, 59 S. E. 2d 491 (1950). 

Cited in Standard Warehouse Co. v. 
Atlantic Coast Line R. Co., 222 S. C. 93, 
71 S. E. 2d 893 (1952). 



29 

Calling plaintiff submitting to nonsuit. 

Stated in Wildhagen v. Ayers, 225 S. C. 
384, 82 8. E. 2d 609 (1954). 

30 



Submitting to nonsuit or dismissal 
master's or referee's report. 

Provisions of Rule 16 duplicated at least 
in part by this Rule. White v. Livingston, 
231 S. C. 301, 98 S. E. 2d 534 (1957). 

Failure to except to stated theory upon 
which case tried. — Where no exception was 
taken to statement of Referee of theory 



before a master or referee — Form of 



upon which case was tried, another theory 
may not be advocated on appeal. White 
V. Livingston, 231 S. C. 301, 98 S. E. 2d 534 
(1957). 

First paragraph stated in Wildhagen v. 
Ayers, 225 S. C. 384, 82 S. E. 2d 609 (1954). 



48 



Rule 36 Rules oi^ Practice for Circuit Courts of South Carolina Rule 60 

36 

Surveys — how made when ordered by the court — notice of. 

Applied in Nash v, Gardner, 232 S. C Cited in Little v. Little, 223 S. C. 322, 

IS, 101 S. E. 2d 283 (1957). 75 S. E. 2d 871 (1953). 

43 

Application for discovery — how made. 

Relief under this Rule and § 26-502 dif- § 26-503. Barfield v. Dillon Motor Sales, 
ferent and distinct from relief provided by 232 S. C. 26, 103 S. E. 2d 416 (1958). 

49 

Mode of preparing a case on appeal. 

Circuit Court has jurisdiction until appeal law of case where appeal from it dismissed 

perfected and docketed under Rule 1 of for failure to perfect it in accordance with 

Supreme Court. Pee Dee Farms Corpora- this rule, and cannot be questioned on ap- 

tion V. Johnson, 227 S. C. 396, 88 S. E. 2d peal from final judgment. Clanton v. Clan- 

254 (1955). ton, 229 S. C. 356, 92 S. E. 2d 878 (1956). 

Where case and exceptions are not filed Where there is disagreement as to what 

as required by this rule, Circuit Court occurred at trial, the statement of trial judge 

should dismiss the appeal. Pee Dee Farms in settling case as to what transpired is 

Corporation v. Johnson, 227 S. C. 396, 88 final and not subject to review by Supreme 

S. E. 2d 254 (1955). Court. State v. Sessions, 225 S. C. 177, 81 

Where case and exceptions are not filed S. E. 2d 287 (1954). 
as required by this rule, duty of trial judge Applied in St. Andrews Evangelical 

to dismiss the appeal where no effort made Lutheran Church v. St. Andrews Evangel- 

to obtain extension of time. Associated ical Lutheran Church, 223 S. C. 9, 73 S. E. 

Petroleum Carriers v. Mutual Properties, 2d 845 (1952). 
235 S. C. 195, 110 S. E. 2d 861 (1959). Cited in State v. Cottingham, 224 S. C. 

Order fixing manner of trial becomes 181, 11 S. E. 2d 897 (1953). 

60 

Case — how waived and what deemed settled. 

Cited in State v. Cottingham, 224 S. C. 
433, n S. E. 2d 897 (1953). 

54 

Requisites for obtaining order for partition. 

The complaint in a suit for partition common. Cooley v. Cooley, 222 S. C. 513, 
need not contain an allegation that the 73 S. E. 2d 712 (1952). 
parties to the action own no other land in 

66 

How questions brought before court. 

Rules to show cause have been used less than four days, and the purpose of the 

somewhat interchangeably with motions. required affidavit is to show the existing 

Hines v. Farr, 251 S. C. 513, 99 S. E. 2d status of the action. Langford v. State 

48 (1957). Board of Fisheries, 217 S. C. 118, 60 S. E. 

This rule relates to the issuance of an 2d 59 (1950). 
order to show cause by way of substituting Cited in State v. Cottingham, 224 S. C. 

for a notice of motion, and is used when 433, 11 S. E. 2d 897 (1953). 
there is a special reason for a hearing in 

69 

Costs of former suits. 

Stated in Wildhagen v. Ayers, 225 S. C. 
384, 82 S. E. 2d 609 (1954). 

60 

Subsequent applications for order after refusal. 

One circuit judge may not set aside order fused order of reference, from which there 
of another. — Where one circuit jiwige re- was no appeal, such order became law of 

49 



Rule 76 



Code of Laws of South Carolina 



Rule 82 



case and order of reference by judge before 
whom case subsequently came on for trial 
was erroneous. Dukes & Dukes, Inc. v. 



Hygrade Food Products Corp., 236 S. C 
69, 113 S. E. 2d 254 (1960). 



76 
Objections for want of evidence — remedies. 



I. GENERAL CONSIDERATION. 
Especially where defendant's liberty is 

involved. 

In accord with 3rd paragraph under this 
catchline in Code. See State v. Parler, 217 
S. C. 24, 59 S. E. 2d 489 (1950); State v. 
Blackwell. 220 S. C. 342, 67 S. E. 2d 684 
(1951); State v. Thompkins, 220 S. C. 523, 
68 S. E. 2d 465 (1951); State v. Center, 
223 S. C. 484, 76 S. E. 2d 669 (1953). 

The Supreme Court has frequently dis- 
regarded this rule in appeals from criminal 
convictions. But not always so. State v. 
Miller, 223 S. C. 128, 74 S. E. 2d 582 (1953). 

Motion in criminal case should be made 
at close of all evidence. — The motion for 
a directed verdict in favor of defendant in 
a criminal case should be made at the close 
of all the evidence — that offered by the 
State and that offered by the defense. State 
V. Parler, 217 S. C. 24, 59 S. E. 2d 489 
(1950). 

II. APPLICATION OF SECTION. 
Questions may not first be made, etc. 
In accord with paragraph under this 

catchline in Code. See Munn v. Asseff, 
226 S. C. 54, 83 S. E. 2d 642 (1954). 



Failure to make motion, etc. 

In accord with 1st paragraph under this 
catchline in Code. See Cartwright v. Herald 
Pub. Co., 220 S. C. 492, 68 S. E. 2d 415 
(1951); State v. Miller, 223 S. C. 128, 74 
S. E. 2d 582 (1953); State v. Howell, 224 
S. C. 277, 78 S. E. 2d 579 (1953); Hall v. 
Walters, 226 S. C. 430, 85 S. E. 2d 729 
(1955); State v. Nicholson, 228 S. C. 300, 
89 S.E. 2d 876 (1956). 

Failure to include contributory negli- 
gence as ground of motion. — Where de- 
fendant at the close of the evidence moves 
for the direction of verdict in his favor but 
does not include as a ground contributory 
negligence, which was pleaded in the an- 
swer, it goes out of the case on appeal. 
Morrow v. Evans, 223 S. C. 288, 75 S. E. 
2d 598 (1953). 

Failure to make motion for nonsuit or 
directed verdict either as to actual or puni- 
tive damages, precludes raising in Supreme 
Court any question as to sufficiency of 
evidence. Marthers v. Hurst, 226 S. C. 621, 
86 S. E. 2d 581 (1955). 

Cited in State v. Orr, 225 S. C. 369, 82 
S. E. 2d 523 (1954). 



79 
Motion non obstante veredicto — ^motion for new trial. 



A motion for judgment notwithstanding 
the verdict goes back to the point in the 
trial when a motion was made for a di- 
rected verdict, and is limited to those 
grounds. Standard Warehouse Co. v. At- 
lantic Coast Line R. Co., 222 S. C. 93, 71 
S. E. 2d 893 (1952); Campbell v. Calvert 
Fire Insurance Company, 234 S. C. 583, 109 
S. E. 2d 572 (1959). 

And motion for judgment n. o. v. prop- 
erly overruled where no motion for directed 
verdict was made. Hall v. Walters, 226 
S. C. 430, 85 S. E. 2d 729 (1955). 



Testimony to be considered most favor- 
ably to respondent. — Testimony and all 
inferences therefrom must be taken mosl 
strongly against appellant and considered 
in light most favorable to respondent, and 
if there is any testimony tending to prove 
allegations of complaint, motions for di- 
rected verdict or judgment n.o.v. and alter- 
natively for new trial should be refused. 
Olin Mathieson Chemical Corp. v. Planters 
Corp., 318 S. C. 236, 114 S. E. 2d 321 
(1960). 



81 

Disposition of civil cases called for trial on trial roster. — When a case is 

reached on the Common Pleas trial roster and is called for trial, it shall not be 

continued by consent, and if counsel are not ready to go forward with the case it 

shall be placed by the clerk at the foot of the calendar, unless it is continued by the 

court for good cause arising after the trial roster was made up. 

Editor's note.— Rules 81 to 85 effective 
January 1, 1957. 

82 

Disposition of untried cases docketed for trial for six terms. — Whenever a 
case has been .docketed by the clerk for six tenns>of court without being tried, the 

50 



Rule 83 Rules oi^ Practice eor Circuit Courts of South Carolina Rule 86 

clerk shall not docket the case again without order of the Court obtained after notice 
to all parties concerned. If it appears to the Court that there has been no opportunity 
to try the case, the motion shall be granted as a matter of right and the case shall 
retain its place on the calendar, but if it appears that the case could have been 
reached, it may only as a matter of discretion be restored, and then only at the foot 
of the docket. 

83 

Clerks of court to notify Supreme Court clerk when week of court not to be 
held. — As soon as any clerk learns that the bar association will request that a week 
of Common Pleas court be not held, or learns that the solicitor will request that a 
week of General Sessions court be not held, he (or she) shall immediately notify the 
Clerk of the Supreme Court. 

84 

Clerks of courts to report to Chief Justice on status of dockets. — Every clerk 
of court shall, on the first of January, first of May, and first of September, submit 
to the Chief Justice of the Supreme Court such information as he requests relative 
to the status of the Common Pleas and General Sessions dockets on forms to be 
supplied by the Clerk of the Supreme Court. 

85 
Counsel on consent may make statement to jury instead of reading plead- 
ings. — Counsel for any litigant in the court of Common Pleas may, in the discretion 
of the trial judge, in lieu of reading pleadings to the jury, make a statement to the 
jury of the facts alleged in the pleadings. 

86 

Roster placement and trial setting of civil cases. — All cases for jury trial 
during a Common Pleas Court shall be set for trial on the trial roster without 
regard to the days of the week, and each Trial Judge at the beginning of the term, 
shall plan the roster and set the cases so as to utilize the time of the court for dispo- 
sition of a maximum of cases. Cases may be set for a day certain for Monday only 
of any week by agreement of the bar association under such rules as it may adopt. 

Kditor's note. — Rule 86 adopted May 3, 
1957. 



31 



Code of Laws ov South Carolina 



Index to Rules of Practice for the Circuit Courts of South Carolina 



Attorneys — 

statement to jury by, permitted, Rule 
85 
Calendar — 

civil cases docketed for trial and not 
tried, retention of place on. Rule 82 
Clerks of court — 

dockets, status of, report to Chief Jus- 
tice, Rule 84 
week of court not to be held, notify 
Supreme Court clerk, Rule 83 
Dockets — 

civil cases docketed for trial and not 

tried. Rule 82 
reports on to Chief Justice by clerks 
of court. Rule 84 
Juries and jurors — 

statement to jury by attorney per- 
mitted instead of reading pleadings, 
Rule 85 
Pleadings and papers — 

reading to jury, statement permitted 
instead of. Rule 85 



Roster, placement of civil cases. Rule 86 
Supreme Court — 
clerks of court — 

dockets, report on status to Chief 

Justice, Rule 84 
notify clerk when week of court 
not to be held, Rule 83 
Terms — 

postponement, clerks of court to notify 
Supreme Court clerk. Rule 83 
Trial- 
civil cases — 
called for — 

continuance, Rule 81 
disposition, Rule 81 
docketed for, and untried, disposi- 
tion, Rule 82 
roster placement, Rule 86 
setting for trial, Rule 86 
jury, statement to, instead of reading 
pleadings permitted, Rule 85 



52. 



Rules of the Supreme Court of South Carolina 

33. Standards of professional conduct for 
attorneys. 

Rule 1 
Retturn; docketing and remittitur fees 



This rule is independent of, and addi- 
tional to, the statutes and circuit court 
rules. State v. Cottingham, 224 S. C. 181, 
71 S. E. 2d 897 (1953). 

It puts the burden on appellant to file 
the transcript of record. Herring v. Law- 
rence Warehouse Co., 222 S. C. 226, 72 S. 
E. 2d 453 (1952). 

And this includes parts of record made 
necessary by additional sustaining grounds. 
— Appellant is required to include not only 
that portion of the record which he de- 
sires, but also such portions thereof as are 
made necessary by the additional sustain- 
ing grounds authorized by § 7 of Rule 4. 
Herring v. Lawrence Warehouse Co., 222 
S. C. 226, 72 S. E. 2d 453 (1952). 

Proof of failure to file transcript of rec- 
ord. — Only this rule refers to the certifi- 
cate of the clerk. Such a certificate is not 
required by the statutes as proof of failure 
of filing of the transcript of record. It is 
convenient and conclusive and therefore in 
common use; it also has the additional vir- 
Iftie of thereafter preventing effective filing 



after time. But it is not required of a re- 
spondent who moves under the statutes. 
The fact that the transcript has not been 
filed may be proved otherwise in the lower 
court, or admitted. State v. Cottingham, 
224 S. C. 181, n S. E. 2d 897 (1953). 

Circuit Court jurisdiction ceases after an 
appeal is perfected and docketed under this 
rule. Pee Dee Farms Corporation v. John- 
son, 227 S. C. 396, 88 S. E. 2d 254 (1955). 

Four days' notice of motion to dismiss 
appeal required. — The old form of this 
rule required ten days' notice of motion 
before the clerk to dismiss an appeal. There 
is no such requirement in the present form 
of the rule, which authorizes motion before, 
and order of dismissal by, the lower court. 
However, Horger v. Sims, 131 S. C. 117, 
126 S. E. 430 (1925), decided under appli- 
cable statutes which were carried forward 
in the Code of 1952, leaves no doubt of the 
necessity of at least four days' notice — not 
ten days. State v. Cottingham, 224 S. C. 181, 
n S. E. 2d 897 (1953). 



Section 1. 



Rule 4 
Contents of transcript of record 



Statement that jury was sworn not re- 
quired in transcript, as presumption is al- 
ways that public ofificer has faithfully and 
correctly performed his official duties. 



Section 3. 

Parties are bound by contents of State- 
ment. Gray v. Laurens Mill, 233 S. C. 421, 
105 S. E. 2d 409 (1958). 

Statement should contain nothing that is 
not necessary. — This section expressly pro- 
vides that "statement" shall be concise and 
shall contain nothing that is not neces- 
sary to proper understanding and decision 
of questions to be decided. State v, Holl- 
man. 232 S. C. 489. 102 S. E. 2d 873 (19^8). 

Entry of judgment not required. — This 
section provides that the ''nature of the 
order of judgment appealed from" should 
be set forth, but the rule does not provide 
that the entrv of the judgment is required. 
McCants v. West Virginia Pulp, etc., Co., 
223 S. C. 467. l(i 5?. E. 2d 614 (1953). 

Statement should not include disputed fact 



State V. Hollman, 232 S. C. 489, 102 S. 
E. 2d 873 (1958). _ 

Cited in Associated Petroleum Carriers 
V. Mutual Properties, 235 S. C. 195, 110 
S. E. 2d 861 (1959). 



where there is objection made by one of 
parties to the action. Bank for Savings and 
Trusts V. Towe, 231 S. C. 268, 98 S. E. 2d 
539 (1957). 

Record unnecessarily overloaded.— In 
record on appeal from order sustaining 
demurrers all that was necessary was the 
factual allegations of complaint and grounds 
of demurrers, and printing the several an- 
swers of the defendants and notices of 
three motions unnecessarily overloaded the 
record. Franks v. Anthony, 231 S. C. 191, 
97 S. E. 2d 891 (1957). 

Applied in Maxey v. Manning, 224 S. C. 
320. 78 S. E. 2d 633 (1953). 

Cited in Collins v. Indemnity Insurance 
Company, 226 S. C. 567, 86 S. E. 2d 578 
(1955). 



Section 6. 

Object of exception is to present some appellant claims to have been violated by 
distinct principle or cjuestion of law which trial court, and to present it in such form 

53 



Rule 4 



CoDfi oif Laws of South Carolina 



Rule 4 



that it may be properly reviewed. Hewitt 
V. Reserve Life Insurance Company, 235 
S. C. 201, 110 S. E. 2d 852 (1959); Fruehaui 
Trailer Company v. McEImurray, 236 S. C. 
141, 113 S. E. 2d 756 (1960). 

And concise statement of one proposi- 
tion of law or fact. — In accord with 2nd 
paragraph under this catchline in Code. See 
Shea V. Glens Falls Indemnity Company, 
228 S. C. 173, 89 S. E. 2d 221 (1955). 

Each exception should contain clear 
succinct statement of grounds upon which 
motion referred to was based. Hewitt v. 
Reserve Life Insurance Company, 235 S. C. 
201, 110 S. E. 2d 852 (1959). 

Every ground of appeal ought to be so 
distinctly stated that the courts may at 
once see the point wnich it is called upon 
to decide without having to "grope in the 
dark" to ascertain the precise point at issue. 
Brady v. Brady, 222 S. C. 242. 12 S. E. 2d 
193 (1952). 

Appeal might be dismissed for irrele- 
vancy of the exception. In re Mutual Mo- 
tors, 232 S. C. 18, 100 S. E. 2d 538 (1957). 

Consideration of exception on waiver of 
breach of rule. 

In accord with paragraph under this 
catchline in Code. See Brady v. Brady, 
222 S. C. 242. 72 S. E. 2d 193 (1952). 

Exceptions which attempted to present 
meritorious assignments of error consid- 
ered, even though they were quite general 
and indefinite and did not comply with 
this rule. Wallace v. Timmons, 232 S. C. 
311, 101 S. E. 2d 844 (1958). (Editor's 
flote. — The opinion in this case was orig- 
inally published in Westbrook Advance 
Sheets as Opinion No. 17339, filed August 
20, 1957. A rehearing was granted, and pre- 
sumably the original opinion was with- 
drawn and the new opinion published in 
Westbrook Advance Sheets as Opinion No. 
17386, filed Feb. 6, 1958.) 

Exceptions should not be unnecessarily 
numerous. — Exceptions should not only not 
be long or argumentative, but they should 
not be unnecessarily numerous. Richards 
v. Great Atlantic & Pacific Tea Co., 226 
S. C. 119, 83 S. E. 2d 917 (1954). 

And avoid too general statements thereof. 

Under this catchline in code, add 

Exception which fails to specify any 
ground upon which it is contended that 
trial judge committed error, does not meet 
requirement of this section. MahaflFey v. 
MahafTey, 236 S. C. 64, 113 S. E. 2d 72 
(1960). 

Exceptions which simply stated that court 
erred in: 

(1) not affirming Master's report; 

(2) sustaining exceptions to the Master's 
report; 

(3) holding that plaintiffs were entitled 
to receive any amounts from de- 
fendant; :,/ - 



(4) awarding judgment against defend- 
ant in a certain amount; 

(5) not awarding judgment in favor of 
defendant, with costs to defendant 

were all too general to be considered. 
Rodgers v. Herron, 226 S. C. 317, 85 S. E. 
2d 104 (1954). 

Exception was too general to be con- 
sidered which stated that court erred in 
failing to grant appellant's motion for new 
trial on grounds stated in such motion, it 
being submitted that the verdict of the 
jury was contrary to the evidence and the 
law. Brown v. Hill, 228 S. C. 34, 88 S. E. 
2d 838 (1955). 

Exception did not comply with this sec- 
tion which stated that court erred in failing 
to grant appellant's motion for new trial 
on grounds stated in such motion, it being 
submitted that it was error to refuse the 
requests to charge by appellant numbered 
6, 8 and 9, as expressly and fully set forth 
in the motion by appellant. Brown v. Hill, 
228 S. C. 34, 88 S. E. 2d 838 (1955). 

Exception too general which merely 
states that "the verdict and judgment were 
contrary to the evidence." Marthers v. 
Hurst, 226 S. C. 621, 86 S. E. 2d 581 (1955). 

Exception which charged merely that 
verdict was excessive raised no reviewable 
issue. Nelson v. Charleston & Western 
Carolina Railway Co., 226 S. C. 516, 86 
S. E. 2d S(^ (1955). 

Exception too general to be considered 
which stated: "The Court erred in refusing 
to allow certain evidence and testimony to 
be presented at the trial of this case." It 
fails to point out what testimony was im- 
properlv excluded. State v. Jenkins, 228 
S. C. 12, 88 S. E. 2d 770 (1955). 

Exception entirely too general, vague, 
and indefinite to be considered which stated 
"His Honor erred, it is respectfully sub- 
mitted, in holding that a cause of action has 
been stated in the complaint." Scott v. 
Independent Life and Accident Insurance 
Co.. 227 S. C. 535. 88 S. E. 2d (1955).^ 

Exception which charged that trial judge 
erred in ordering an involuntary nonsuit as 
to plaintiflF's cause of action before trial of 
the issues, specified no ground of alleged 
error and was patently inadequate. Furtick 
v. Duncan, 229 S. C. 126, 92 S. E. 2d 132 
ri956). 

Exception did not comply with this sec- 
tion which charged that judge erred "in 
overruling defendants' objections to so 
much of the testimony of State's witness. 
Elliott, which did not directlv relate to the 
charge set out in the indictment unoti 
which defendants were being tried, which 
was the having in a place of business 
stamped alcoholic liquors, all to the mani- 
fest prejudice of defendants' rights." State 
v. Tiles, 230 S. C. 148, 94 S. E. 2d 891 
(1956). 

Exception entirely too general to b« 
considered which stated that Court erred 



54 



Rule 4 



RuivES OF THE Supreme Court oe South Carolina 



Rule 4 



"in holding that the verdict of the jury 
was not contrary to the law and the evi- 
dence of the case." Grant v. Clinkscales, 
230 S. C. 416. 95 S. E. 2d 854 (1957). 

Exception too general and indefinite to 
present question which posed the question 
"Was the verdict contrary to the law and 
the evidence?". Saxon v. Saxon, 231 S. C. 
378, 98 S. E. 2d 803 (1957). 

Exception too general and indefinite for 
consideration which charged "that plaintiff 
failed to make out a case against said de- 
fendant". Concrete Mix v. James, 231 S. C. 
416, 98 S. E. (2d) 841 (1957). 

Exceptions too general and indefinite to 
be considered which charged that court 
erred "in allowing plaintiflf's attorney to 
ask questions that suggested the desired 
answer over the objection of the defend- 
ant", and "in allowing the plaintiff's attor- 
ney to introduce new matter in his reply 
testimony over defendant's objection". Tate 
V. Le Master, 231 S. C. 429, 99 8. E. 2d 39 
(1957). 

Exceptions too general and indefinite for 
consideration which charged: 

(1) The Circuit Court erred in mistak- 
ing the grounds of appellant's motion. 

(2) The Circuit Court erred in granting 
judgment to respondent. 

(3) By implication, that amount of judg- 
ment was excessive, which was insufficient 
to invoke appellate jurisdiction. Simon v. 
Flowers, 231 S. C. 545, 99 S. E. 2d 391 
(1957). 

Exception which charged "that plaintiff 
is entitled to specific performance thereof 
as a matter of law" manifestly does not 
meet requirement of this section. Large v. 
Laree, 232 S. C. 70, 100 S. E. 2d 82S 
(1957). 

Exception which stated that judge erred 
in refusing motion for new trial, too general, 

Section 7. 

Supreme Court cannot consider a ques- 
tion not properly raised by an appropriate 
exception. State v. Alexander, 230 S. C. 
195. 94 S. E. 2d 160 (1956). 

Additional sustaining ground must relate 
to matter presented before trial court for 
its ruling, and it must be such that its ac- 
ceptance would lead to same result reached 
by trial court. Colonial Life & Accident 
Ins. Co. V. South Carolina Tax Commis- 
sion, 2?>?> S. C. 129. 103 S. E. 2d 908 (1958). 

Appellant entitled to adequate notice of 
additional grounds. — Fairness to appellant 
requires that he be given adequate notice 
of additional grounds upon which respond- 
ent will rely for affirmance, and require- 
ment of this section that such grounds be 
stated by respondent when he serves his 
proposed amendments to proposed case is 
for purnose of aflFording such notice. Co- 
lonial Life & Accident Ins. Co. v. South 
Carolina Tax Commission, 233 S. C. 129, 103 
S. E. 2d 908 (1958). 



vague and indefinite to be considered. 
Hewitt V. Reserve Life Insurance Company, 
235 S. C._201, 110 S. E. 2d 852 (1959). 

Exception which stated that judge erred 
in refusing motion for directed verdict 
n.o.v., too general, vague and indefinite to 
be considered. Hewitt v. Reserve Life In- 
surance Company, 235 S. C. 201, 110 S. E. 
2d 852 (1959). 

Exception entirely too general, vague 
and indefinite to be considered which stated: 
"That the Honorable trial Judge erred in 
not permitting a joinder of parties." Poison 
v. Burr, 235 S. C. 216, 110 S. E. 2d 855 
(1959). 

Exception too general, vague and in- 
definite to be considered which charged that 
court erred in granting plaintiflf's motion to 
strike defendant's answer as sham, frivolous 
and irrelevant. Fruehauf Trailer Company 
v. McElmurray, 236 S. C. 141, 113 S. E. 2d 
756 (1960). 

As to waiver of compliance with rule, as 
a matter of grace, see Becker v. Uhe, 221 
S C. 334, 70 S. E. 2d 346 (1952); Rogers 
V. Florence Printing Company, 233 S. C. 
567. 106 S. E. 2d 258 (1958). 

Exceptions too general considered purely 
ex gratia. Hewitt v. Reserve Life Insurance 
Company, 235 S. C. 201, 110 S. E. 2d 852 
(1959).^ 

Applied in St. Andrews Evangelical 
Lutheran Church v. St. Andrews Evangel- 
ical Lutheran Church. 223 S. C. 9. 73 S. E. 
2d 845 (1952); State v. Hollman, 232 S. C. 
489, 102 S. E. 2d 873 (1958). 

Cited in State v. Edwards, 220 S. C. 373. 
68 S. E. 2d 346 (1951); Elliott v. Black 
River Electric Cooperative, 233 S. C. 233, 
104 S. E. 2d 357 (1958); Davis v. Sparks, 
235 S. C. 326, 111 S. E. 2d 545 (1959). 



Additional sustaining grounds are ad- 
denda to proposed case. — While language 
of this section suggests that additional sus- 
taining grounds are by way of amendment 
to proposed case, they are in fact addenda, 
as will appear by reference to S. Ct. Rule 
4, § 1, which prescribes contents of the 
case, or Return, or Transcript of Record. 
Colonial Life & Accident Ins. Co. v. South 
Carolina Tax Commission, 233 S. C. 129, 
103 S. E. 2d 908 (1958). 

Purpose of additional sustaining grotmds 
provision of this section is to relieve re- 
spondent from necessity of appealing from 
adverse rulings which did not aflFect result 
of lower court's decision giving him all re- 
lief sought. Colonial Life & Accident Ins. 
Co. V. South Carolina Tax Commission, 
233 S. C. 129, 103 S. E. 2d 908 (1958). 

Trial court may not deny incorporation 
of additional grounds in record. — While 
trial judge may properly decline to permit 
proposed additional grounds fo be printed 



55 



Rule 8 



Code; of Laws of South Carolina 



Rule 8 



at end of transcript of record when they re- 
late to matters which were not before trial 
court, to deny respondent right to incor- 
porate them in record upon ground that he 
has not appealed from trial court's adverse 
rulings would defeat very purpose of this 
section. Colonial Life & Accident Ins. Co. 
V. South Carolina Tax Commission, 233 
S. C. 129, 103 S. E. 2d 908 (1958). 

Unnecessary to consider sustaining 
ground when exceptions without merit 
Simonds v. Simonds, 229 S. C. 376, 93 
S. E. 2d 107 (1956). 

Sustaining ground not considered which 
related to alternate motion for new trial, 
upon which lower court did not rule. John- 
son V. Life Insurance Company of Georgia, 
227 S. C. 351, 88 S. E. 2d 260 (1955). 

Additional sustaining ground not con- 
sidered where acceptance thereof would 
necessitate a result quite different from 
that reached by decree. United States Rub- 
ber Company v. White Tire Company, 
231 S C. 84, 97 S. E. 2d 403 (1956). 

Disagreement as to what occurred at 
trial. — Where there is disagreement as to 
what occurred at trial, the statement of 
trial judge in settling case as to what trans- 
pired is final and not subject to review by 
Supreme Court. State v. Sessions, 225 S. C. 
177, 81 S. E. 2d 287 (1954); Brown v. Hill, 

Section 8. 

Where sustaining ground not presented 
and passed upon in trial court it will not 
be considered on appeal. Carter v. Peace, 
229 S. C. 346, 93 S. E. 2d 113 (1956). 

Stated in Colonial Life & Accident Ins. 
Co. V. South Carolina Tax Commission, 233 
S. C. 129, 103 S. E. 2d 908 (1958). 



228 S. C. 34, 88 S. E. 2d 838 (1955); Wat- 
son V. City of Orangeburg 229 S. C. 367, 
93 S. E. 2d 20 (1956). 

Some latitude must be allowed circuit 
judge in passing upon contents of appeal 
record. Stevenson v. Board of Adjustment, 
230 S. C. 440. 96 S. E. 2d 456 (1957). 

Parties bound by order of settlement in 
absence of appejil. — Where the transcript 
of record for appeal is settled by the trial 
judge by order under Rule 49 of the Cir- 
cuit Court, and there is no appeal from 
this order of settlement of the record, the 
parties are bound by it, including the con- 
tents of the statement. St. Andrews Evan- 
gelical Lutheran Church v. St. Andrews 
Evangelical Lutheran Church, 223 S. C. 
9. IZ S. E. 2d 845 (1952). 

Applied in Fallon v. Rucks, 217 S. C. 180, 
60 S. E. 2d 88 (1950); Cason v. Gibson, 
217 S. C. 500, 61 8. E. 2d 58 (1950); 
McCullem v. Liberty Life Ins. Co., 217 S. 
C. 565, 61 S. E. 2d 181 (1950); Herring 
V. Lawrence Warehouse Co., 222 S. C. 226, 
72 S. E. 2d 453 (1952); in dissenting opinion 
Stukes, A. J., in Foster v. Morrison, 226 
S. C. 149, 84 S. E. 2d 344 (1954). 

Cited in Phillips v. Davis. 225 S. C. 395, 
82 S. E. 2d 515 (1954); South Carolina 
Electric & Gas Co. t. Aetna Life Ins. Co., 
230 S. C. 340, 95 S. E. 2d 596 (1956). 



Applied in Ramantanin v. Miller, 225 
S. C. n, 80 S. E. 2d 925 (1954); Reaves 
V. Stone, 231 S. C. 628, 99 S. E. 2d 729 
(1957); Shayne of Miami v. Greybow, Inc., 
232 S. C. 161, 101 S. E. 2d 486 (1957). 

Cited in Hurst v. Donegal & Coney 
Mut. Fire Ins. Co., 224 S. C. 188, 78 S. E. 
2d 189 (1953). 



Rule 8 
Briefs 



Section 2. 

Exceptions not argued in appellant's 
printed brief are abandoned. — In accord 
with this catchline in Code. See Shea v. 
Glens Falls Indemnity Company, 228 S. C. 
173, 89 S. E. (2d) 221 (1955); State v. 
Rayf^eld, 232 S. C. 230, 101 S. E. 2d 505 
(1958); State v. Hollman, 232 S. C. 489, 
102 S. E. 2d 873 (1958); Hines v. Farr, 
235 S. C. 436, 112 S. E. 2d 33 (1960); 
Hucks V. Sellars, 236 S. C. 239, 113 S. E. 

Section 8. 

All questions made by the exceptions 
which are not argued in appellant's brief 
are deemed to have been abandoned. Mc- 

Section 4. 

Applied in Langford v. West Oakwood 
Cemetery Addition, 223 S. C 350, 75 S. E. 
2d 865 (1953). 



2d 753 (1960); Seegars v. WIS-TV (Broad- 
casting Co. of the South), 236 S. C. 355. 
114 S. E. 2d 502 (1960). 

As to waiver of rule as a matter of 
grace, see Cooley v. Cooley, 222 S. C. 513, 
11 S. E. 2d 712 (1952). 

Cited in Richards v. Great Atlantic & 
Pacific Tea Co., 226 S. C. 119, 83 S. E. 
2d 917 (1954). 



Millan v. Ridges, 229 S. C. 7(>, 91 S. E. 
2d 883 (1956); State v. Collins. 235 S. C 
65, 110 S. E. 2d 270 (1959). 



56 



Rule 17 RuivKs of the Supreme; Court oe South Carolina Rule 33 
Section 7. 

This rule relates to "facts" not appear- Becker v. Uhe, 221 S. C. 334, 70 S. E. 

ing in transcript and is inapplicable to ap- 2d 346 (1952). 

pendix to brief containing additional sus- Affidavit in appendix attached to brief 

taining grounds, trial judge's order settling not considered. — Affidavit contained in ap- 

case, and exceptions to that order. Colonial pendix attached to appellant's brief, which 

Life & Accident Ins. Co. v. South Carolina was not before trial judge nor part of 

Tax Commission, 233 S. C. 129, 103 S. E. record, would not be considered on appeal. 

2d 908 (1958). Sanders v. Allis Chalmers Manufacturing 

Effect of noncompliance.— Where appel- Company, 235 S. C. 259, 111 S. E. 2d 201 

iants' brief embodies numerous facts which (1959). 

do not appear in the transcript of record. Applied in State v. Goodall, 221 S. C. 

in violation of this rule, while this breach 175, 69 S. E. 2d 915 (1952). 
of the rule is condemned, the appeal should Cited in State v. Orr, 225 S. C. 369, 82 

not be dismissed, but the facts improperly S. E. 2d 523 (1954). 
stated in the brief will not be considered. 

Rule 17 
Remittitur; petitions for rehearing 

Cited in Royal Crown Bottling Com- 
pany V. Chandler, 228 S. C. 412, 90 S. E. 
2d 489 (1955). 

Rule 20 

Original jurisdiction 

When Supreme Court should exercise not preclude determinatidn by Supreme 

original jurisdiction. — Supreme Court is and Court whether or not the matter warrants 

should be primarily concerned with appel- exercise of its original jurisdiction. Modern 

late matters and should not exercise original Finance Co. v. Hicks, 235 S. C. 211, 110 

jurisdiction in matters cognizable in cir- S. E. 2d 859 (1959). 

cuit courts except when necessary in public And agreement between litigants does 

interest or because of emergency or for not affect such determination by Supreme 

some other compelling reason. Modern Court, which is to be made in light of its 

Finance Co. v. Hicks, 235 S. C. 211, 110 rules and of facts upon which such jurisdic- 

S. E. 2d 859 (1959). tion is invoked. Modern Finance Co. v. 

Supreme Court determines whether to Hicks, 235 S. C. 211, 110 S. E. 2d 859 

exercise original jurisdiction. — Issuance of (1959). 
rule to show cause by single justice does 

Rule 24 
Motions for new trials upon after-discovered evidence 

Cited in Bryan v. Bryan, 109 F. Supp. 
366 (1952). 

Rule 27 
Effect of sustaining appeal 

Applied in Kitchens v. Lee, 221 S. C. 59, 171 (1958); BoHn v. Bostic, 235 S. C. 319, 

69 S. E. 2d 67 (1952); Adair v. New York 111 S. E. 2d 557 (1959); Williams v. E. I. 

Life Ins. Co.. 224 S. C. 344. 79 S. E. 2d Du Pont de Nemours & Company, 235 

316 (1953); Harwell v. Home Mutual Fire S. C. 497, 112 S. E. 2d 485 (1960); Shephens 

Insurance Company, 228 S. C. 594, 91 S. E. v. Cottingham, S. C. , 115 S. E. 2d 

2d 273 (1956); Carroll v. M & J Finance 505 (1960); Renew v. Serby, S. C. 

Corporation, 233 S. C. 200, 104 S. E. 2d 115 S. E. 2d 664 (1960). 

Rule 33 
Standards of professional conduct for attorneys 

The present Canons of Professional Ethics of the American Bar Association are 
hereby adopted and established as the standards of professional conduct for all 
attorneys heretofore and hereafter admitted to practice in the Courts of South 
Carolina. 

Editor's note. — Above rule adopted June 
12. 1956. 

57 



Rule 33 CoDB of Laws of South Carolina Rule 33 

Canons of Professional Ethics 

Adopted By 
The American Bar Association 

As Amended to May 1956 



Preamble 

In America, where the stability of Courts and of all departments of government 
rests upon the approval of the people, it is peculiarly essential that the system for 
establishing and dispensing Justice be developed to a high point of efficiency and 
so maintained that the public shall have absolute confidence in the integrity and 
impartiality of its administration. The future of the Republic, to a great extent, de- 
pends upon our maintenance of Justice pure and unsullied. It cannot be so main- 
tained unless the conduct and the motives of the members of our profession are such 
as to merit the approval of all just men. 

No code or set of rules can be framed, which will particularize all the duties of 
the lawyer in the varying phases of litigation or in all the relations of professional 
life. The following canons of ethics are adopted by the American Bar Association 
as a general guide, yet the enumeration of particular duties should not be construed 
as a denial of the existence of others equally imperative, though not specifically 
mentioned. 

1. The duty of the lawyer to the Courts. 

It is the duty of the lawyer to maintain towards the Courts a respectful attitude, 
not for the sake of the temporary incumbent of the judicial office, but for the main- 
tenance of its supreme importance. Judges, not being wholly free to defend them- 
selves, are peculiarly entitled to receive the support of the Bar against unjust 
criticism and clamor. Whenever there is proper ground for serious complaint of a 
judicial officer, it is the right and duty of the lawyer to submit his grievances to 
the proper authorities. In such cases, but not otherwise, such charges should be 
encouraged and the person making them should be protected. 

2. The selection of Judges. 

It is the duty of the Bar to endeavor to prevent political considerations from out- 
weighing judicial fitness in the selections of Judges. It should protest earnestly and 
actively against the appointment or election of those who are unsuitable for the 
Bench; and it should strive to have elevated thereto only those willing to forego 
other employments, whether of a business, political or other character, which may 
embarrass their free and fair consideration of questions before them for decision. 
The aspiration of lawyers for judicial position should be governed by an impartial 
estimate of their ability to add honor to the office and not by a desire for the 
distinction the position may bring to themselves. 

3. Attempts to exert personal influence on the Court. 

Marked attention and unusual hospitality on the part of a lawyer to a Judge, 
uncalled for by the personal relations of the parties, subject both the Judge and the 
lawyer to misconstructions of motive and should be avoided. A lawyer should not 
communicate or argue privately with the Judge as to the merits of a pending cause, 
and he deserves rebuke and denunciation for any device or attempt to gain from a 
Judge special personal consideration or favor. A self-respecting independence in 
the discharge of professional duty, without denial or diminution of the courtesy 

58 



Rule 33 Rules of the Supreme Court of South Carouna Rule 33 

and respect due the Judge's station, is the only proper foundation for cordial 
personal and official relations between Bench and Bar. 

4. When counsel for an indigent prisoner. 
A lawyer assigned as counsel for an indigent prisoner ought not to ask to be 
excused for any trivial reason, and should always exert his best efforts in his behalf. 

5. The defense or prosecution of those accused of crime. 

It is the right of the lawyer to undertake the defense of a person accused of crime, 
regardless of his personal opinion as to the guilt of the accused ; otherwise innocent 
persons, victims only of suspicious circumstances, might be denied proper defense. 
Having undertaken such defense, the lawyer is bound by all fair and honorable 
means, to present every defense that the law of the land permits, to the end that 
no person may be deprived of Hfe or liberty, but by due process of law. 

The primary duty of a lawyer engaged in public prosecution is not to convict, but 
to see that justice is done. The suppression of facts or the secreting of witnesses 
capable of establishing the innocence of the accused is highly reprehensible. 

6. Adverse influences and conflicting interests. 

It is the duty of a lawyer at the time of retainer to disclose to the client all the 
circumstances of his relations to the parties, and any interest in or connection with 
the controversy, which might influence the client in the selection of counsel. 

It is unprofessional to represent conflicting interests, except by express consent 
of all concerned given after a full disclosure of the facts. Within the meaning of this 
canon, a lawyer represents conflicting interests when, in behalf of one client, it is 
his duty to contend for that which duty to another client requires him to oppose. 

The obligation to represent the client with undivided fidelity and not to divulge 
his secrets or confidences forbids also the subsequent acceptance of retainers or em- 
ployment from others in matters adversely affecting any interest of the client with 
respect to which confidence has been reposed. 

7. Professional colleagues and conflicts of opinion. 

A client's proffer of assistance of additional counsel should not be regarded as 
evidence of want of confidence, but the matter should be left to the determination 
of the client. A lawyer should decline association as colleague if it is objectionable 
to the original counsel, but if the lawyer first retained is relieved, another may come 
into the case. 

When lawyers jointly associated in a cause cannot agree as to any matter vital to 
the interest of the client, the conflict of opinion should be frankly stated to him for 
his final determination. His decision should be accepted unless the nature of the 
difference makes it impracticable for the lawyer whose judgment has been over- 
ruled to co-operate effectively. In this event it is his duty to ask the client to 
relieve him. 

Efforts, direct or indirect in any way to encroach upon the professional em- 
ployment of another lawyer, are unworthy of those who should be brethren at the 
Bar; but, nevertheless, it is the right of any lawyer, without fear or favor, to give 
proper advice to those seeking relief against unfaithful or neglectful counsel, gen- 
erally after communication with the lawyer of whom the complaint is made. 

8. Advising upon the merits of a client's cause. 
A lawyer should endeavor to obtain full knowledge of his client's cause before 
advising thereon, and he is bound to give a candid opinion of the merits and probable 

59 



Rule 33 Code of Laws of South Carowna Rule 33 

result of pending or contemplated litigation. The miscarriages to which justice 
is subject, by reason of surprises and disappointments in evidence and witnesses, 
and through mistakes of juries and errors of Courts, even though only occasional, 
admonish lawyers to beware of bold and confident assurances to clients, especially 
where the employment may depend upon such assurance. Whenever the controversy 
will admit of fair settlement, the client should be advised to avoid or to end the 
litigation. 

9. Negotiations with opposite party. 

A lawyer should not in any way communicate upon the subject of controversy 
with a party represented by counsel ; much less should he undertake to negotiate or 
compromise the matter with him, but should deal only with his counsel. It is incum- 
bent upon the lawyer most particularly to avoid everything that may tend to 
mislead a party not represented by counsel, and he should not undertake to advise 
him as to the law. 

10. Acquiring interest in litigation. 

The lawyer should not purchase any interest in the subject matter of the litigation 
which he is conducting. 

11. Dealing with trust property. 

The lawyer should refrain from any action whereby for his personal benefit or 
gain he abuses or takes advantage of the confidence reposed in him by his client. 

Money of the client or collected for the client or other trust property coming into 
the possession of the lawyer should be reported and accounted for promptly, and 
should not under any circumstances be commingled with his own or be used by him. 

12. Fixing the amount of the fee. 

In fixing fees, lawyers should avoid charges which overestimate their advice and 
services, as well as those which under-value them. A client's ability to pay cannot 
justify a charge in excess of the value of the service, though his poverty may re- 
quire a less charge, or even none at all. The reasonable requests of brother lawyers, 
and of their widows and orphans without ample means, should receive special and 
kindly consideration. 

In determining the amount of the fee, it is proper to consider : ( 1 ) the time and 
labor required, the novelty and difficulty of the questions involved and the skill 
requisite properly to conduct the cause; (2) whether the acceptance of employment 
in the particular case will preclude the lawyer's appearance for others in cases 
likely to arise out of the transaction, and in which there is a reasonable expectation 
that otherwise he would be employed, or will involve the loss of other employment 
while employed in the particular case or antagonisms with other clients; (3) the 
customary charges of the Bar for similar services ; (4) the amount involved in the 
controversy and the benefits resulting to the client from the services; (5) the 
contingency or the certainty of the compensation ; and (6) the character of the 
employment, whether casual or for an established and constant client. No one of 
these considerations in itself is controlling. They are mere guides in ascertaining the 
real value of the service. 

In determining the customary charges of the Bar for similar services, it is proper 
for a lawyer to consider a schedule of minimum fees adopted by a Bar Association, 
but no lawyer should permit himself to be controlled thereby or to follow it as his 
sole guide in determining the amount of his fee. 

In fixing fees it should never be forgotten that the profession is a branch of the 
administration of justice and not a mere money-getting trade. 

60 



Rule 33 Rules of the Supreme Court of South Caroeina Rule 33 

13. Contingent fees. 

A contract for a contingent fee, where sanctioned by law, should be reasonable 
under all the circumstances of the case, including the risk and uncertainty of the 
compensation, but should always be subject to the supervision of a Court, as to its 
reasonableness. 

14. Suing a client for a fee. 

Controversies with clients concerning compensation are to be avoided by the 
lawyer so far as shall be compatible with his self-respect and with his right to 
receive reasonable recompense for his services ; and lawsuits with clients should be 
resorted to only to prevent injustice, imposition or fraud. 

15. How far a lawyer may go in supporting a client's cause. 

Nothing operates more certainly to create or to foster popular prejudice against 
lawyers as a class, and to deprive the profession of that full measure of public 
esteem and confidence which belongs to the proper discharge of its duties than does 
the false claim, often set up by the unscrupulous in defense of questionable trans- 
actions, that it is the duty of the lawyer to do whatever may enable him to succeed 
in winning his client's cause. 

It is improper for a lawyer to assert in argument his personal belief in his client's 
innocence or in the justice of his cause. 

The lawyer owes "entire devotion to the interest of the client, warm zeal in 
the maintenance and defense of his rights and the exertion of his utmost learning 
and ability," to the end that nothing be taken or be withheld from him, save by the 
rules of law, legally applied. No fear of judicial disfavor or public unpopularity 
should restrain him from the full discharge of his duty. In the judicial forum the 
client is entitled to the benefit of any and every remedy and defense that is author- 
ized by the law of the land, and he may expect his lawyer to assert every such 
remedy or defense. But it is steadfastly to be borne in mind that the great trust of 
the lawyer is to be performed within and not without the bounds of the law. The 
office of attorney does not permit, much less does it demand of him for any client, 
violation of law or any manner of fraud or chicane. He must obey his own con- 
science and not that of his client. 

16. Restraining clients from improprieties. 
A lawyer should use his best efforts to restrain and to prevent his clients from 
doing those things which the lawyer himself ought not to do, particularly with 
reference to their conduct towards Courts, judicial officers, jurors, witnesses and 
suitors. If a client persists in such wrong-doing the lawyer should terminate their 
relation. 

17. Ill-feeling and personalities between advocates. 

Clients, not lawyers, are the litigants. Whatever may be the ill-feeling existing 
between clients, it should not be allowed to influence counsel in their conduct and 
demeanor toward each other or toward suitors in the case. All personalities between 
counsel should be scrupulously avoided. In the trial of a cause it is indecent to 
allude to the personal histoi-y or the personal peculiarities and idiosyncrasies of 
counsel on the other side. Personal colloquies between counsel which cause delay 
and promote unseemly wrangling should also be carefully avoided. 

18. Treatment of witnesses and litigants. 

A lawyer should always treat adverse witnesses and suitors with fairness and due 

consideration, and he should never minister to the malevolence or prejudices of 

a client in the trial or conduct of a cause. The client cannot be made the keeper of 

the lawyer's conscience in professional matters- He has no right to demand that his 

g1 Volume 7 



Rule 33 Code; of Laws of South Carouna Rule 33 

counsel shall abuse the opposite party or indulge in offensive personalities. Improper 
speech is not excusable on the ground that it is what the client would say if speaking 
in his own behalf. 

19. Appearance of lawyer as witness for his client. 

When a lawyer is a witness for his client, except as to merely formal matters, 
such as the attestation or custody of an instrument and the like, he should leave the 
trial of the case to other counsel. Except when essential to the ends of justice, a 
lawyer should avoid testifying in Court in behalf of his client. 

Lawyer properly did not appear as coun- v. State Farm Mutual Automobile Ins. Co., 
sel in case in which he testified at length. 232 S. C. 615, 103 S. E. 2d 272 (1958). 
19th Canon of Professional Ethics. Tucker 

20. Newspaper discussion of pending litigation. 

Newspaper publications by a lawyer as to pending or anticipated litigation may 
interfere with a fair trial in the Courts and otherwise prejudice the due administra- 
tion of justice. Generally they are to be condemned. If the extreme circumstances of 
a particular case justify a statement to the public, it is unprofessional to make it 
anonymously. An ex parte reference to the facts should not go beyond quotation 
from the records and papers on file in the Court; but even in extreme cases it is 
better to avoid any ex parte statement. 

21. Punctuality and expedition. 

It is the duty of the lawyer not only to his client, but also to the Courts and to the 
public to be punctual in attendance, and to be concise and direct in the trial and 
disposition of causes. 

22. Candor and fairness. 

The conduct of the lawyer before the Court and with other lawyers should be 
characterized by candor and fairness. 

It is not candid or fair for the lawyer knowingly to misquote the contents of a 
paper, the testimony of a witness, the language or the argument of opposing 
counsel, or the language of a decision or a textbook ; or with knowledge of its 
invalidity, to cite as authority a decision that has been overruled, or a statute that 
has been repealed ; or in argument to assert as a fact that which has not been proved, 
or in those jurisdictions where a side has the opening and closing arguments to 
mislead his opponent by concealing or withholding positions in his opening argument 
upon which his side then intends to rely. 

It is unprofessional and dishonorable to deal other than candidly with the facts 
in taking the statements of witnesses, in drawing affidavits and other documents, 
and in the presentation of causes. 

A lawyer should not offer evidence which he knows the Court should reject, in 
order to get the same before the jury by argument for its admissibility, nor should 
he address to the Judge arguments upon any point not properly calling for determi- 
nation by him. Neither should he introduce into an argument, addressed to the Court, 
remarks or statements intended to influence the jury or bystanders. 

These and all kindred practices are unprofessional and unworthy of an officer 
of the law charged, as is the lawyer, with the duty of aiding in the administration of 
justice. 

23. Attitude toward jury. 

All attempts to curry favor with juries by fawning, flattery or pretended solicitude 
for their personal comfort are improfessional. Suggestions of counsel, looking to 
the comfort or convenience of jurors, and propositions to dispense with argument, 
should be made to the Court out of the jury's hearing. A lawyer must never con- 

62 



Rule 33 Ruizes o^ rut Supre;me; Court of South Carolina Rute 33 

verse privately with jurors about the case; and both before and during the trial he 
should avoid communicating with them, even as to matters foreign to the cause. 

24. Right of lawyer to control the incidents of the trial. 

As to incidental matters pending the trial, not affecting the merits of the cause, 
or working substantial prejudice to the rights of the client, such as forcing the 
opposite lawyer to trial when he is under affliction or bereavement ; forcing the trial 
on a particular day to the injury of the opposite lawyer when no harm will result 
from a trial at a different time ; agreeing to an extension of time for signing a bill 
of exceptions, cross interrogatories and the like, the lawyer must be allowed to 
judge. In such matters no client has a right to demand that his counsel shall be 
illiberal, or that he do anything therein repugnant to his own sense of honor and 
propriety. 

25. Taking technical advantage of opposite counsel ; agreements with him. 

A lawyer should not ignore known customs or practice of the Bar or of a par- 
ticular Court, even when the law permits, without giving timely notice to the op- 
posing counsel. As far as possible, important agreements, affecting the rights of 
clients, should be reduced to writing ; but it is dishonorable to avoid performance of 
an agreement fairly made because it is not reduced to writing, as required by rules 
of Court. 

26. Professional advocacy other than before courts. 

A lawyer openly, and in his true character may render professional services 
before legislative or other bodies, regarding proposed legislation and in advocacy 
of claims before departments of government, upon the same principles of ethics 
which justify his appearance before the Courts ; but it is unprofessional for a lawyer 
so engaged to conceal his attorneyship, or to employ secret personal solicitations, or 
to use means other than those addressed to the reason and understanding, to in- 
fluence action. 

27. Advertising, direct or indirect. 

It is unprofessional to solicit professional employment by circulars, advertise- 
ments, through touters or by personal communications or interviews not warranted 
by personal relations. Indirect advertisements for professional employment such as 
furnishing or inspiring newspaper comments, or procuring his photograph to be 
published in connection with causes in which the lawyer has been or is engaged or 
concerning the manner of their conduct, the magnitude of the interest involved, the 
importance of the lawyer's position, and all other like self-laudation, offend the 
traditions and lower the tone of our profession and are reprehensible; but the 
customary use of simple professional cards is not improper. 

Publication in reputable law lists in a manner consistent with the standards of 
conduct imposed by these canons of brief biographical and informative data is per- 
missible. Such data must not be misleading and may include only a statement of 
the lawyer's name and the names of his professional associates ; addresses, telephone 
numbers, cable addresses ; branches of the profession practiced ; date and place of 
birth and admission to the bar ; schools attended ; with dates of graduation, degrees 
and other educational distinctions ; public or quasi-public offices ; posts of honor ; 
legal authorships ; legal teaching positions ; memberships and offices in bar associa- 
tions and committees thereof, in legal and scientific societies and legal fraternities; 
the fact of listings in other reputable law lists ; the names and addresses of ref- 
erences ; and, with their written consent, the names of clients regularly represented. 
A certificate of compliance with the Rules and Standards issued by the Standing 
Committee on Law Lists may be treated as evidence that such list is reputable. 

63 



Rule 33 Code of Laws of South Carouna Rule 33 

It is not improper for a lawyer who is admitted to practice as a proctor in ad- 
miralty to use that designation on his letterhead or shingle or for a lawyer who 
has complied with the statutory requirements of admission to practice before the 
patent office to so use the designation "patent attorney" or "patent lawyer" or 
"trade-mark attorney" or "trade-mark lawyer" or any combination of those terms. 

28. Stirring up litigation, directly or througli agents. 

It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in 
rare cases where ties of blood, relationship or trust make it his duty to do so. 
Stirring up strife and litigation is not only unprofessional, but it is indictable at 
common law. It is disreputable to hunt up defects in titles or other causes of action 
and inform thereof in order to be employed to bring suit or collect judgment, or to 
breed litigation by seeking out those with claims for personal injuries or those 
having any other grounds of action in order to secure them as clients, or to employ 
agents or runners for like purposes, or to pay or reward, directly or indirectly, 
those who bring or influence the bringing of such cases to his office, or to 
remunerate policemen, court or prison offtcials, physicians, hospital attaches or 
others who may succeed, under the guise of giving disinterested friendly advice, 
in influencing the criminal, the sick and the injured, the ignorant or others, to seek 
his professional services. A duty to the public and to the profession devolves upon 
every member of the Bar having knowledge of such practices upon the part of any 
practitioner immediately to inform thereof, to the end that the offender may be 
disbarred. 

29. Upholding the honor of the profession. 

Lawyers should expose without fear or favor before the proper tribunals corrupt 
or dishonest conduct in the profession, and should accept without hesitation em- 
ployment against a member of the Bar who has wronged his client. The counsel 
upon the trial of a cause in which perjury has been committed owe it to the 
profession and to the public to bring the matter to the knowledge of the prosecuting 
authorities. The lawyer should aid in guarding the Bar against the admission to 
the profession of candidates unfit or unqualified because deficient in either moral 
character or education. He should strive at all times to uphold the honor and to 
maintain the dignity of the profession and to improve not only the law but the 
administration of justice. 

30. Justifiable and unjustifiable litigations. 

The lawyer must decline to conduct a civil cause or to make a defense when 
convinced that it is intended merely to harass or to injure the opposite party or to 
work oppression or wrong. But otherwise it is his right, and, having accepted re- 
tainer, it becomes his duty to insist upon the judgment of the Court as to the legal 
merits of his client's claim. His appearance in Court should be deemed equivalent 
to an assertion on his honor that in his opinion his client's case is one proper for 
judicial determination. 

31. Responsibility for litigation. 

No lawyer is obliged to act either as adviser or advocate for every person who 
may wish to become his client. He has the right to decline employment. Every 
lawyer upon his own responsibility must decide what employment he will accept 
as counsel, what causes he will bring into Court for plaintiffs, what cases he will 
contest in Court for defendants. The responsibility for advising as to questionable 
transactions, for bringing questionable suits, for urging questionable defenses, is 
the lawyer's responsibility. He cannot escape it by urging as an excuse that he is 
only following his client's instructions. 

64 



Rule 33 Rules op the Supreme Court of South Carouna Rule 33 

32. The lawyer's duty in its last analysis. 

No client, corporate or individual, however powerful, nor any cause, civil or 
political, however important, is entitled to receive nor should any lawyer render 
any service or advice involving disloyalty to the law whose ministers we are, or 
disrespect of the judicial office, which we are bound to uphold, or corruption of 
any person or persons exercising a public office or private trust, or deception or 
betrayal of the public. When rendering any such improper service or advice, the 
lawyer invites and merits stern and just condemnation. Correspondingly, he ad- 
vances the honor of his profession and the best interests of his client when he 
renders service or gives advice tending to impress vipon the client and his under- 
taking exact compliance with the strictest principles of moral law. He must also 
observe and advise his client to observe the statute law, though until a statute shall 
have been construed and interpreted by competent adjudication, he is free and is 
entitled to advise as to its validity and as to what he conscientiously believes to be 
its just meaning and extent. But above all a lawyer will find his highest honor in a 
deserved reputation for fidelity to private trust and to public duty, as an honest man 
and as a patriotic and loyal citizen. 

33. Partnerships — names. 

Partnerships among lawyers for the practice of their profession are very common, 
and are not to be condemned. In the formation of partnerships and the use of 
partnership names care should be taken not to violate any law, custom, or rule of 
court locally applicable. Where partnerships are formed between lawyers who are 
not all admitted to practice in the courts of the state, care should be taken to avoid 
any misleading name or representation which would create a false impression as to 
the professional position or privileges of the member not locally admitted. In the 
formation of partnerships for the practice of law, no person should be admitted or 
held out as a practitioner or member who is not a member of the legal profession 
duly authorized to practice, and amenable to professional discipline. In the selection 
and use of a firm name, no false, misleading, assumed or trade name should be 
used. The continued use of the name of a deceased or former partner, when per- 
missible by local custom, is not unethical, but care should be taken that no imposi- 
tion or deception is practiced through this use. When a member of the firm, on 
becoming a judge, is precluded from practicing law, his name should not be con- 
tinued in the firm name. 

Partnerships between lawyers and members of other professions or non-pro- 
fessional persons should not be formed or permitted where any part of the partner- 
ship's employment consists of the practice of law. 

34. Division of fees. 

No division of fees for legal services is proper, except with another lawyer, based 
upon a division of service or responsibility. 

35. Intermediaries. 

The professional services of a lawyer should not be controlled or exploited by any 
lay agency, personal or corporate, which intervenes between client and lawyer. 
A lawyer's responsibilities and qualifications are individual. He should avoid all 
relations which direct the performance of his duties by or in the interest of such 
intermediary. A lawyer's relation to his client should be personal, and the respon- 
sibility should be direct to the client. Charitable societies rendering aid to the 
indigents are not deemed such intermediaries. 

A lawyer may accept employment from any organization, such as an association, 
club or trade organization, to render legal services in any matter in which the 

65 



B^ule 33 ATjr.io Cod^ of Laws of South Carolina Rule 33 

organization, as an entity, is interested, but this employment should not include 
the rendering of legal services to the members of such an organization in respect to 
their individual affairs. 

36. Retirement from judicial position or public employment. 

A lawyer should not accept employment as an advocate in any matter upon the 
merits of which he has previously acted in a judicial capacity. 

A lawyer, having once held public office or having been in the public employ, 
should not after his retirement accept employment in connection with any matter 
which he has investigated or passed upon while in such office or employ. 

37. Confidences of a client. 

It is the duty of a lawyer to preserve his client's confidences. This duty outlasts 
the lawyer's employment, and extends as well to his employees ; and neither of them 
should accept employment which involves or may involve the disclosure or use of 
these confidences, either for the private advantage of the lawyer or his employees 
or to the disadvantage of the client, without his knowledge and consent, and even 
though there are other available sources of such information. A lawyer should not 
continue employment when he discovers that this obligation prevents the perform- 
ance of his full duty to his former or to his new client. 

If a lawyer is accused by his client, he is not precluded from disclosing the truth 
in respect to the accusation. The announced intention of a client to commit a crime 
is not included within the confidences which he is bound to respect. He may 
properly make such disclosures as may be necessary to prevent the act or protect 
those against whom it is threatened. 

38. Compensation, commissions and rebates. 

A lawyer should accept no compensation, commissions, rebates or other ad- 
vantages from others without the knowledge and consent of his client after full 
disclosure. 

39. Witnesses. 

A lawyer may properly interview any witness or prospective witness for the 
opposing side in any civil or criminal action without the consent of opposing 
counsel or party. In doing so, however, he should scrupulously avoid any sugges- 
tion calculated to induce the witness to suppress or deviate from the truth, or in any 
degree to affect his free and untrammeled conduct when appearing at the trial or on 
the witness stand. 

40. Newspapers. 

A lawyer may with propriety write articles for publications in which he gives 
information upon the law ; but he should not accept employment from such publi- 
cations to advise inquiries in respect to their individual rights. 

41. Discovery of imposition and deception. 

When a lawyer discovers that some fraud or deception has been practiced, which 
has unjustly imposed upon the court or a party, he should endeavor to rectify 
it; at first by advising his client, and if his client refuses to forego the advantage 
thus unjustly gained, he should promptly inform the injured person or his counsel, 
so that they may take appropriate steps. 

42. Expenses. 

A lawyer may not properly agree with a client that the lawyer shall pay or bear 
the expenses of litigation ; he may in good faith advance expenses as a matter of 
convenience, but subject to reimbursement. 

66 



Rule 33 Rules of the; Supre;me; Court of South Carolina Rule 33 

43. Approved law lists. 
It is improper for a lawyer to permit his name to be published in a law list 
the conduct, management or contents of which are calculated or likely to deceive or 
injure the public or the profession, or to lower the dignity or standing of the 
profession. 

44. Withdrawal from employment as attorney or counsel. 

The right of an attorney or counsel to withdraw from employment, once assumed, 
arises only from good cause. Even the desire or consent of the client is not always 
sufficient. The lawyer should not throw up the unfinished task to the detriment of 
his client except for reasons of honor or self-respect. If the client insists upon an 
unjust or immoral course in the conduct of his case, or if he persists over the at- 
torney's remonstrance in presenting frivolous defenses, or if he deliberately dis- 
regards an agreement or obligation as to fees or expenses, the lawyer may be 
warranted in withdrawing on due notice to the client, allowing him time to employ 
another lawyer. So also when a lawyer discovers that his client has no case and 
the client is determined to continue it ; or even if the lawyer finds himself incapable 
of conducting the case effectiA^ely. Sundry other instances may arise in which 
withdrawal is to be justified. Upon withdrawing from a case after a retainer has 
been paid, the attorney should refund such part of the retainer as has not been 
clearly earned. 

45. Specialists. 

The canons of the American Bar Association apply to all branches of the legal 
profession ; specialists in particular branches are not to be considered as exempt 
from the application of these principles. 

46. Notice to local lawyers. 
A lawyer available to act as an associate of other lawyers in a particular branch 

of the law or legal service may send to local lawyers only and publish in his local 
legal journal, a brief and dignified announcement of his availability to serve other 
lawyers in connection therewith. The announcement should be in a form which 
does not constitute a statement or representation of special experience or expertness. 

47. Aiding the unauthorized practice of law. 

No lawyer shall permit his professional services, or his name to be used in aid 
of, or to make possible, the unauthorized practice of law by any lay agency, personal 
or corporate. 



Index to Rnles of the Supreme Court of Sonth Oarolina 

American Bar Association ^ Attorneys — Cont'd 

canons of professional ethics stand- advising on a cause. Rule 33 [8] 

ards of professional conduct for at- advocacy other than before courts, 

torneys. Rule 33 Rule 33 [26] 

Attorneys advocates, counsel, infra 

accused, defense or prosecution of. Rule argument, assertion of personal belief 

additional counsel, Rule 33 [7] _ associate of counsel, notice of avail- 

admissions to profession, guard against associations, clubs or trade organiza- 

unfit, Rule 33 [29] tion, employment by, Rule 33 [35] 

adverse influence, disclosure to client, candor and fairness in conduct. Rule 

Rule 33 [6] 33 [22] 

advertising. Rule 33 [27] causes, expedition in. Rule 33 [21] 

'67 



CoDiS o^ Laws oif South CaroIvIna 



Attorneys — Cont'd 
clients — 

adverse influence, disclosure to, 

Rule 33 [6] 
advising on a cause, Rule 33 [8] 
cause, how far support. Rule 33 

[15] 
confidences of, Rule 33 [37] 
not abuse, Rule 33 [11] 
crime, intent to commit. Rule 33 

[37] 
deception and imposition, advise, 

Rule 33 [41] 
devotion due interest of, Rule 33 

[IS] 
duty to. Rule 33 [32] 
employment, withdraw^al from, 

Rule 33 [44] 
expenses. Rule 33 [42] 
fees, infra 
former, accepting employment 

against, Rule 33 [6] 
improprieties, restraining from, 

Rule 33 [16] 
information disclose to, Rule 33 

[6] 
witness, appearance as, for, Rule 33 

[19] 
compensation, commissions and rebates, 

acceptance. Rule 33 [38] 
conduct — 

candor and fairness, Rule 33 [22] 
corrupt or dishonest, expose, Rule 

33 [29] 
professional conduct for, standards 

of. Rule 33 
standards of professional, for. Rule 

. ^^ 
conflicting interests, not to represent, 

Rule 33 [6] 

conflict of opinion among counsel. 

Rule 33 [7] 

counsel — 

additional. Rule 33 [7] 

agreements with opposing, Rule 33 

f25] 
associate, note of availability. Rule 

33 [46] 
conflict of opinion among, Rule 33 

[7] 
ill-feeling between, Rule 33 [17] 
personalities between, avoid. Rule 

33 [17] 
taking advantage of opposing, Rule 
33 [25] 
court — 

duty to. Rule 33 [1] 
judges, infra 
deception and imposition, discovery of, 

Rule 33 [41] 
duty to clients, Rule 33 [32] 
employees of, duty as to client's con- 
fidences, Rule 33 [37] 
employment of other lawyers, encroach- 
ment upon. Rule 33 [7] 
expenses. Rule 33 [42] 



Attorneys — Cont'd 

false claim. Rule 33 [15] 
fees — 

acceptance from other than client, 

Rule 33 [38] 
contingent, Rule 33 [13] 
division of. Rule 33 [34] 
fixing amount of. Rule 33 [12] 
suing client for, Rule 33 [14] 
governmental agencies, practice before, 

Rule 33 [26] 
honor of profession, upholding. Rule 

33 [29] 
intermediaries, control of services by. 

Rule 33 [35] 
judges — 

aspiration to be. Rule 33 [2] 

duty to, Rule 33 [1] 

grievances against, submission of, 

Rule 33 [1] 
personal relations with. Rule 33 

[3] 
selection of, duty as to, Rule 33 
_ [2] 
judicial position, employment as to 

matter acted on in, Rule 33 [36] 
jury, attitude toward, Rule 33 [23] 
law lists — 

approved, Rule 33 [43] 
publication in reputable. Rule 33 

f27] 
legislative bodies, practice before, Rule 

33 [26] 
litigants — 

treatment of, Rule 33 [18] 
litigation — 

acquiring interest in, Rule 33 [10] 
ambulance chasing prohibited, Rule 
33 [28] 
information as to, dutv, Rule 
33 [28] 
choose, Rule 33 [31] 
justifiable, duty on acceptance, 

Rule 33 [30] 
newspaper discussion of, Rule 33 

[20] 
questionable, Rule 33 [31] 
responsibility for, Rule 33 [31] 
stirring up. Rule 33 [28] 

information as to, duty, Rule 
33 [28] 
unjustifiable, refuse. Rule 33 [30] 
negotiations with opposite party, Rule 

33 [9] 
partnerships. Rule 33 [33] 
names. Rule 33 [33] 
persons other than attorneys, with. 
Rule 33 [33] 
party not represented bv counsel, duty 

to. Rule 33 [9] 
patent attornev, use of designation. 

Rule 33 [27] 
periury, duty when known, Rule 33 

[29] 
personalities between counsel, avoid. 
Rule 33 [17] 



68 



RuivES OF THE Supreme Court of South Carolina 



Attorneys — Cont'd 

prisoner, indigent, when counsel for, 

Rule 33 [4] 
professional cards, Rule 33 [27] 
professional colleagues. Rule 33 [7] 
public employment, matter acted on 

while in, Rule 33 [36] 
public prosecution, duty in. Rule 33 

[5] 
punctuality, Rule 33 [21] 
questionable suits. Rule 33 [31] 
settlement, fair. Rule 33 [8] 
specialists. Rule 33 [45] 

notice to local lawyers. Rule 33 
[46] 
statute law, advice as to. Rule 33 [32] 



Attorneys — Cont'd 

trade-mark attorney, use of designation. 

Rule 33 [27] 
trial, right to control incidents of. Rule 

33 [24] 
trust property, dealing with. Rule 33 

[11] 
unauthorized practice of law, not to aid, 

Rule 33 [47] 
withdrawal from employment. Rule 33 

.[44] 
witness — 

appearance for client, as. Rule 33 

[19] 
interviewing. Rule 33 [39] 
treatment of. Rule 33 [18] 



69 



Rule on Disciplinary Procedure for Attorneys 



1. Creation of Board of Commissioners on 18. Proceedings private until filed in Sn- 
Grievances and Discipline. preme Court. 

2. Constitution, appointment and tenure 19. Quorum of Board or hearing paneL 
of the Board of Commissioners on 20. Service of notices, etc. 

Grievances and Discipline. 21. Clerk is agent for service of notices on 

3. Rule exclusive. non-resident attorneys. 

4. Misconduct defined. 22. Members of Board may issue sub- 

5. Manner of discipline. poenas and order depositions taken. 

6. Effect of discipline. 23. Effect of refusal to obey subpoena or 

7. Complaint. to testify. 

8. Filing of complaint; procedure thereon. 24. Rules of evidence to be observed. 

9. Hearing by panel of three commis- 25. Docket of complaints. 

sioners. 26. When petition for reinstatement may be 

10. Duty of the panel. filed. 

11. Review by the Board of Commissioners; 27. Contents of petition for reinstatement, 
private reprimand. 28. Petition referred to Committee on 

12. Public reprimand; suspension or perma- Character and Fitness. 

nent disbarment; duty of Board after 29. Action by Committee on Character and 
review. Fitness. 

13. Court to order respondent to show 30. Committee's report to be filed; pro- 
cause, cedure thereupon. 

14. Return of respondent; briefs. 31. Investigation at instance of chairman; 

15. Briefs on the part of complainant. procedure thereunder. 

16. Form of return and briefs. 32. Rule to be liberally construed. 

17. Review by Court. 33. Board of Commissioners may adopt 

rules and regulations. 

Pursuant to an Act of the General Assembly of South Carolina approved June 

18. 1957, 50 Stat, at L. 553, and the inherent powder of this court over the members 
of the bar of this state, the following rule is adopted, to become effective on Sep- 
tember 1, 1958: 

Editor's note.— Act, 1957 p. 553, codified 
as §§ 56-91 to 56-95. 

1. Creation of Board of Commissioners on Grievances and Discipline. 

There is hereby created as Commissioners of this Court a Board of Commis- 
sioners on Grievances and Discipline. The said Board of Commissioners is em- 
powered and charged to receive, entertain, inquire into, take proofs, make findings, 
and submit recommendations to this Court, as hereinafter provided: 

(a) concerning complaints of misconduct, as hereinafter defined, on the part of 
any member of the bar of this state ; 

(b) concerning practices of any member of the bar of this state which tend to 
pollute the administration of justice or to bring the courts or the legal profession 
into disrepute ; and 

(c) relating to petitions for reinstatement to the practice of law in this state. 

2. Constitution, Appointment and Tenure of the Board of Commissioners on 
Grievances and Discipline. 

The said Board of Commissioners shall be appointed by this court and shall 
consist of one ( 1 ) member of the bar of this state from each of the Judicial Circuits 
of the state. The term of office of each member of the said Board shall be three years, 
and shall begin on the first day of October next following his or her appointment, 
except that of the members first appointed, those from the First, Fourth, Seventh, 
Tenth and Fourteenth Circuits shall be appointed for terms of one year each and 
those from the Third, Sixth, Ninth and Twelfth Circuits for terms of two years 

70 



Rule 3 RuivE ON Disciplinary Proce;durk for Attorneys Rule 7 

each. Vacancy for any cause shall be promptly filled by appointment by this Court 
for the unexpired term. At the time of its initial appointments to membership, and 
each year thereafter, this Court shall designate one member as Chairman of the said 
Board of Commissioners and shall also designate a Secretary, who may, but need 
not, be a member of the said Board. 

3. Rule Exclusive. 

All proceedings for the investigation of complaints and grievances involving 
alleged misconduct of any member of the bar of this state, all proceedings for the 
discipline of such members of the bar, and all proceedings for reinstatement to the 
practice of law in this state shall be brought, conducted and disposed of in accord- 
ance with the provisions of this rule. 

4. Misconduct Defined. 

Misconduct, as the term is used herein, means any one or more of the following: 

(a) violation of any provision of the oath of office taken upon admission to 
the practice of law in this state ; 

(b) violation of any of the Canons of Professional Ethics as adopted by this 
court from time to time ; 

(c) commission of a crime involving moral turpitude. 

5. Manner of Discipline. 

Every member of the bar found guilty of misconduct shall be disciplined, in 
accordance with the seriousness of such misconduct, by : 

(a) permanent disbarment ; or 

(b) suspension for an indefinite period from the office of attorney at law, sub- 
ject to reinstatement only as hereinafter provided ; or 

(c) public reprimand; or 

(d) private reprimand. 

6. Effect of Discipline. 

A person disbarred shall never be readmitted to the practice of law in this state. 

A person who, having voluntarily surrendered his license to practice, has been 
thereafter reinstated in the manner hereinafter provided, or who, having been 
suspended for an indefinite period from the office of attorney at law, has been 
thereafter reinstated in the manner hereinafter provided, shall be disbarred upon 
being found guilty of subsequent misconduct. 

A person who, having been publicly reprimanded for misconduct, is thereafter 
found guilty of subsequent misconduct, shall be suspended for an indefinite period 
from the office of attorney at law, or permanently disbarred, depending upon the 
seriousness of such misconduct. 

7. Complaint. 

A complaint, as the term is used herein, means a formal written complaint alleg- 
ing misconduct on the part of a member of the bar of this state, who shall be desig- 
nated therein as the respondent. The complainant may be ( 1 ) any individual, firm 
or corporation; or (2) the grievance committee of a regularly organized local bar 
association. Such complaint shall not be accepted for filing unless it is : 

(a) verified under oath of the complainant ; or 

(b) signed by one or more members in good standing of the bar of this state, 
as counsel for the complainant. Signature by such counsel shall constitute a repre- 
sentation that he or they ( 1 ) have investigated the charges of misconduct alleged 
in the complaint, (2) believe reasonable cause exists to warrant a hearing on said 

71 



Rule 8 CoD:e of Laws of South Carolina Rule 11 

complaint, and (3) have accepted the responsibility of prosecuting the complaint to 
conclusion. When the grievance committee of a regularly organized local bar 
association is the complainant, verification of the complaint shall be by the chairman 
of that committee. 

8. Filing of Complaint ; Procedure Thereon. 

All complaints shall be filed in quadruplicate with the Secretary of the Board of 
Commissioners. If the said Board of Commissioners shall find that the complaint, 
upon its face, does not charge misconduct as herein defined, the said complaint 
shall be dismissed, and the Secretary of the Board shall so notify the complainant. 
Otherwise the said Secretary shall forthwith cause to be sent to the respondent 
by registered mail a copy of said complaint, together with a notice, signed by the 
said Secretary, requiring the respondent, within twenty (20) days after the mailing 
of such notice, to file with the Board, in quadruplicate, his answer to the complaint, 
and to serve a copy of said answer upon the complainant or his counsel of record. 
The answer shall be signed by the respondent or by his counsel, or by both, and 
may, but need not be, verified. 

9. Hearing- By Panel of Three Commissioners. 

After respondent's answer has been filed, or the time has expired within which 
respondent was required to file such answer, a formal hearing shall be held, upon 
reasonable notice to complainant and respondent or their counsel, by a panel of three 
(3) Commissioners appointed by the Chairman of the said Board of Commissioners, 
who shall designate one member of such panel as chairman of the panel. No member 
of such panel shall be a resident of the Judicial Circuit from which the complaint 
originated, or of the Judicial Circuit in which the respondent resides at the time 
of the filing of the complaint. 

10. Duty of the Panel. 

(a) If the panel shall find that the charges in the complaint are not supported 
by the evidence or do not merit the taking of disciplinary action, the complaint 
shall be dismissed ; and such dismissal shall be reported to the Secretary of the 
Board of Commissioners, who shall thereupon so notify the respondent, the com- 
plainant, all counsel of record, and, when deemed appropriate, the local bar asso- 
ciation or associations of the county or counties in which respondent resides and 
maintains an ofifice, and of the county or counties from which the complaint arose. 

(b) If the panel shall find and determine that the respondent is guilty of mis- 
conduct and that private reprimand should be administered, such panel shall ad- 
minister such reprimand ; and such action shall be reported to the Secretary of the 
Board of Commissioners, who shall thereupon so notify the same persons and 
organizations that would have been notified if the complaint had been dismissed by 
said panel. 

(c) If the panel shall find and determine that the respondent is guilty of mis- 
conduct meriting public reprimand, indefinite suspension, or permanent disbarment, 
it shall make a certified report of the proceedings before it, including its findings 
of fact and recommendations, and shall file the same, together with a transcript of 
the testimony taken, such exhibits as may have been in evidence before it, and an 
itemized statement of the actual and necessary expenses incurred by it in con- 
nection with such proceedings, with the Secretary of the Board of Commissioners. 

11. Review by the Board of Commissioners; Private Reprimand. 

Upon consideration of the report of the panel, the Board of Commissioners may: 

(a) refer the matter back to the panel for further hearing ; or 

(b) order a further hearing before the said Board of Commissioners; or 

(c) proceed upon the certified report of the prior proceedings before the panel. 

72 



Rule 12 RuivE ON Disciplinary Procedure: for Attorneys Rule 15 

Upon its final review, the Board of Commissioners may either dismiss the 
complaint or find that the respondent is guilty of misconduct. If the Board shall 
determine that a private reprimand should be administered, it shall administer such 
reprimand. If the complaint is dismissed, or if a private reprimand is administered, 
the Secretary of the Board of Commissioners shall thereupon so notify the same 
persons and organizations that would have been notified if the complaint had been 
dismissed by the panel that heard the matter. 

12. Public Reprimand ; Suspension or Permanent Disbarment ; Duty of Board 
after Review. 

If the Board of Commissioners shall determine that the respondent is guilty of 
misconduct meriting public reprimand, indefinite suspension, or permanent dis- 
barment, it shall make a final certified report of the proceedings before it, including 
its findings of fact and recommendations, and shall file the same, together with a 
transcript of the testimony taken, and such exhibits as may have been in evidence 
before it, and an itemized statement of the actual and necessary expenses incurred 
by the hearing panel and by the Board in connection with the proceeding, in the 
office of the Clerk of this court ; and the Secretary of the Board of Commissioners 
shall forthwith notify the respondent and the complainant, or their counsel, of such 
action, enclosing with such notice a copy of the Board's findings of fact and recom- 
mendations and a copy of the statement of expenses before mentioned. 

13. Court to Order Respondent to Show Cause. 

Upon the filing of such final report of the Board of Commissioners, this Court 
shall issue its order directed to the respondent, requiring him to show cause before 
this court at a time to be therein specified, but not less than forty (40) days after 
the issuance of such order, why the report of the Board of Commissioners should not 
be confirmed and a disciplinary order entered. Copies of such order to show cause, 
certified by the Clerk of this court, shall be served under his direction upon the 
respondent and the complainant, or their counsel, personally or by registered mail. 

14. Return of Respondent ; Briefs. 

At least twenty (20) days before the date for showing cause stated in the order 
of this Court, the respondent shall make return to said order, setting forth his 
grounds of objection to the findings and recommendations of the Board of Commis- 
sioners and to the entry of a disciplinary order or to the confirmation of the report 
of said Board upon which the said order to show cause was issued, and shall file 
with the Clerk of this court the original and ten copies of such return, together with 
proof of service of the said return upon the Secretary of the Board of Commis- 
sioners, upon the complainant or his counsel, and upon the Attorney General of 
South Carolina, who shall thereafter participate in the proceeding in the public 
interest. At the time of filing his return as aforesaid, the respondent shall also 
file with the Clerk of this court the original and ten copies of a brief in support 
thereof, together with proof of service of said brief upon the Secretary of the 
Board of Commissioners, upon the complainant or his counsel, and upon the 
Attorney General. 

15. Briefs on the Part of Complainant. 

Within fifteen (15) days after the filing of respondent's brief, the Attorney 
General and counsel for the complainant shall, jointly or severally, file with the 
Clerk of this court the original and ten copies of such brief or briefs as they may 
deem necessary in answer thereto, together with proof of service thereof upon 
respondent or his counsel of record and upon the Secretary of the Board of Com- 
missioners. 

71 



Rule 16 Code of Laws op South Carolina Rule 21 

16. Form of Return and Briefs. 

The return and briefs may be either printed or typewritten, mimeographed or 
machine duplicated. If printed, they shall conform to the requirements of Rule 5 
of this court ; if typewritten, mimeographed or machine duplicated, they shall con- 
form to the requirements of Rule 6. 

17. Review by Court. 

Upon failure of the respondent to make return to the order to show cause within 
the time hereinbefore prescribed, or after consideration of the return and such briefs 
as may have been filed in support of and in opposition to the same, and after hearing 
argument, if this court shall desire to hear argument thereabout, this court shall 
enter such order upon the matter as it may find proper, and may include in its order 
such provision for reimbursement of the actual and necessary expenses incurred by 
the hearing panel and by the Board of Commissioners as the court shall deem proper. 
Upon the entry of any disciplinary order pursuant to this rule, the Clerk of this 
court shall mail certified copies thereof: to the respondent, at his last known ad- 
dress ; to the complainant ; to all counsel of record ; to the Board of Commissioners ; 
to the local bar association or associations in the county or counties in which the 
respondent resides and maintains an office, and in the county or counties from 
which the complaint originated ; to the Clerk of the Court of Common Pleas in each 
of said counties; and to the Clerk of the District Court of the United States for 
the district in which said counties are located. 

18. Proceedings Private Until Filed In Supreme Court. 

Unless and until filed with the Clerk of this court, all proceedings and documents 
relating to complaints and hearings thereon and to proceedings in connection 
therewith shall be private, unless the respondent shall in writing request that they 
be public. 

19. Quorum of Board or Hearing Panel. 

A majority of the members of the Board of Commissioners or of a hearing panel 
shall constitute a quorum for all purposes ; and the action of a majority of those 
present comprising such quorum shall be the action of the Board of Commissioners 
or of such hearing panel. 

20. Service of Notices, Etc. 

Wherever in this rule provision is made for the service of any notice, order, 
report or other paper or copy thereof upon any complainant or respondent or 
petitioner in connection with any proceeding involving a complaint or a petition 
for reinstatement, service may be made upon counsel of record for such complainant, 
respondent, or petitioner, either personally or by registered mail. 

21. Clerk Is Agent For Service of Notices on Non-Resident Attorneys. 

Service of any notice provided for in this rule upon any non-resident respondent 
who has been admitted to the practice of law pursuant to the rules of this court, 
or upon any resident respondent who, having been so admitted, subsequently be- 
comes a non-resident or cannot be found at his usual abode or place of business in 
this state, may be made by the Secretary of the Board of Commissioners by leaving 
with the Clerk of this court a true and attested copy of such notice and any accom- 
panying documents and by sending to the respondent, by registered mail, a like true 
and attested copy, with an endorsement thereon of the service upon the said Clerk, 
addressed to such respondent at his last known address. The postmaster's receipt 
for the payment of such registered postage shall be attached to and made a part 
of the return of service of such notice by the Secretary. The panel or Board of 
Commissioners or court before which there is pending any proceeding in which 

74 



Rule 22 RuLi: on Discipi^inary Proce;dure; for Attorne;ys Rule 27 

notice has been given as provided in this section may order such continuance as 
may be necessary to afford the respondent reasonable opportunity to appear and 
defend. The Clerk of this court shall keep a record of the day and hour of the 
service upon him of such notice and any accompanying documents. 

22. Members of Board May Issue Subpoenas and Order Depositions Taken. 

Each member of the Board of Commissioners shall have power to issue subpoenas 
and to administer oaths to witnesses. All such subpoenas shall be issued in the name 
and under the seal of this court, and shall be signed by a member of the Board of 
Commissioners. Any member of the Board of Commissioners may order the testi- 
mony of a witness to be taken by deposition within or without this State in the 
manner prescribed for the taking of depositions in civil actions ; and such depositions 
may be used to the same extent as permitted in Civil actions. 

23. Effect of Refusal to Obey Subpoena or to Testify. 

If any person subpoenaed as a witness pursuant to this rule shall refuse or 
neglect to obey said subpoena, to attend, to be sworn or to affirm, or to answer 
any proper question, he shall be deemed in contempt of this court and punishable 
accordingly, 

24. Rules of Evidence to be Observed. 

The rules of evidence shall be observed in the conduct of all hearings. 

25. Docket of Complaints. 

The Secretary of the Board of Commissioners shall keep a docket of each com- 
plaint and of all proceedings thereon, and the same shall be retained permanently 
as a part of the records of the Board of Commissioners. 

26. When Petition for Reinstatement May be Filed. 

No petition for reinstatement to the practice of law shall be filed within two 
years after the entry of an order indefinitely suspending the petitioner from the 
practice of law in this State, or within two years after the denial of a petition for 
reinstatement filed by such petitioner. 

27. Contents of Petition for Reinstatement. 

Subject to the foregoing restrictions, any person who has been indefinitely 
suspended from the practice of law and who wishes to be reinstated may file with 
the Clerk of this court his verified petition, and ten (10) copies thereof, setting 
forth : 

(a) the date when indefinite suspension was ordered, and, if there was a reported 
opinion concerning the same, the volume and page of the official reports of this court 
where such opinion appears ; 

(b) the dates upon which any prior petitions for reinstatement were filed, 
denied or granted ; 

(c) the names of all persons and organizations, other than the petitioner and 
the Board of Commissioners, who were entitled under this rule to receive from 
the Clerk of this court certified copies of the disciplinary order of this court resulting 
in the petitioner's suspension ; 

(d) the name of the county in which he resides at the time of the filing of the 
petition, and of each county in which he proposes to maintain an office if reinstated ; 
and 

(e) the facts upon which he relies to establish by clear and convincing proof 
that he has rehabilitated himself. 

.75 



Rule 28 Code of Laws of South Carolina Rule 31 

28. Petition Referred to Committee on Character and Fitness. 

Unless the petition for reinstatement be summarily denied for insufficiency in 
form or substance, the Clerk of this court shall forward five (5) copies thereof to 
the Secretary of the Committee on Character and Fitness appointed under the 
rules of this court governing admission of persons to the practice of law in this 
State ; and such petition shall be deemed to be referred, without court order, to said 
Committee. 

29. Action By Committee on Character and Fitness. 

The Committee on Character and Fitness shall, with all convenient dispatch, 
proceed to hold a hearing or hearings, take evidence concerning petitioner's character 
and his claim of rehabilitation, and report to this court the proceedings had before 
said Committee, together with the Committee's findings of fact and recommenda- 
tions. Reasonable notice of all such hearings before the Committee shall be given 
to the petitioner or his counsel and to the President of the local bar association or 
associations in the county or counties in which the petitioner resides and in which 
he proposes to maintain an office in the event of his reinstatement. Such hearings 
may, in the discretion of the Committee, be public, and shall be public if the peti- 
tioner so requests in writing. Any interested person, any member of the bar, and 
any representative of the South Carolina Bar Association or of any local bar asso- 
ciation may appear before the Committee in support of, or in opposition to, the 
petition. 

30. Committee's Report to be Filed; Procedure Thereupon. 

The report of the Committee on Character and Fitness, and six (6) copies of 
the Committee's findings of fact and recommendations, shall be filed in the office 
of the Clerk of this court, who shall thereupon notify petitioner or his counsel of 
such filing and shall with such notice enclose a copy of the Committee's findings of 
fact and recommendations. If the Committee shall have recommended denial of the 
petition, the petitioner shall have ten (10) days from the date of his receipt of 
notice thereof from the Clerk within which to file with the said Clerk objections to 
the report and brief in support of such objections, together with five copies of such 
objections and brief; but no oral argument will be heard thereon. Upon considera- 
tion of the Committee's report and of such objections and brief as may have been 
filed by the petitioner concerning the same, the court shall enter such order as it 
may deem appropriate, and may include in such order such provision for reimburse- 
ment of the actual and necessary expenses incurred in connection with the proceed- 
ings as shall appear just and proper. 

31. Investigation at Instance of Chairman; Procedure Thereunder. 

(a) Whenever, from sources deemed by him reliable, the chairman of the Com- 
mission learns of an attorney (who is licensed to practice in South Carolina) 
engaging in practices in violation of his duty as such attorney, and the Chairman 
comes to the conclusion that an investigation should be made, he shall designate 
one member of the Commission to act as an investigator. The member so desig- 
nated shall investigate these reported violations of duty, and for this purpose he 
may call to his assistance such public investigating agencies as he may think proper. 
After making such investigation, should the investigator come to the conclusion that 
a complaint (as described in the section 7 hereof) should be made against the at- 
torney investigated, he shall file such in his official capacity and be responsible for 
the prosecution thereof to a conclusion. 

(b) When a member of the Commission shall have been selected to investigate 
the conduct of a particular member of the bar, he shall thereafter be disqualified to 

76 



Rule 32 Rule on Disciplinary Procedure for Attorneys Rule 33 

act as a member of the Commission insofar as such conduct of said member of the 
bar is concerned, otherwise than as such investigator and prosecutor as above set out. 

32. Rule to be Liberally Construed. 

The process and procedure under this rule shall be as summary as reasonably 
may be. Amendments to any complaint, notice, answer, objection, return, report or 
order may be made at any time prior to final order of the court. Any party affected 
by such amendment shall be given reasonable opportunity to meet any new matter 
presented thereby. No investigation or procedure shall be held to be invalid by 
reason of any nonprejudicial irregularity or for any error not resulting in a miscar- 
riage of justice. This rule shall be liberally construed for the protection of the public, 
the courts, and the legal profession, and shall apply to all pending complaints and 
investigations so far as may be practicable, and to all future complaints, investiga- 
tions and petitions whether the conduct involved occurred prior or subsequent to 
the effective date of this rule. To the extent that application of this rule to such 
pending proceedings may not be practicable, the procedure in force at the time this 
rule became effective shall continue to apply. 

Every communication, whether oral or written, made by or on behalf of any 
complainant to the Board of Commissioners or any hearing panel or member thereof, 
pursuant to this Rule, whether by way of complaint or testimony, shall be privi- 
leged ; and no action or proceeding, civil or criminal, shall lie against any such 
person, firm or corporation by or on whose behalf such communication shall have 
been made, by reason thereof. 

33. Board of Commissioners may adopt rules and regulations. 

The Board of Commissioners is empowered to adopt rules and regulations not 
inconsistent with this rule. 

Index to Rule on Disciplinary Procedure for Attorneys 

Adoption, authority for, preamble on p. 70 Attorneys — Cont'd 

Amendments, time make, 32 nonresident — 

Answer — continuance, grant to, 21 

amendment, 32 service of notice on, 21 

filing and service, 8 _ practices, disreputable, Board investi- 

Appeals, Committee s action on reinstate- „^^g j 

ment petition 30 Reinstatement, infra 

Application of Rule, 32 d j r /^ • • r^ ■ j 

a;„„.^^„<. Board of Commissioners on Grievances and 
/argument — -p^. . -. 

reinstatement petition appeals, 30 Uiscipline 

show cause rule on respondent, 17 appointment, 2 

Attorney General— chairman, 2 

show cause rule on respondent as to constitution, 2 

confirmation of Board's report — created, 1 

participate in, 14 deposition, member order, 22 

brief, 15 duties and powers, 1 

form, 16 investigations and recommendations 

Attorneys — make, 1 

complainant, may be, 7 majority act, 19 

continuance, grant nonreside nt, 21 oath, member administer, 22 

discipline— '^ ' quorum, 19 

manner of 5 reports of hearing panel— 

■D 1 1 ' • r • i.' !.• 1 respondent guilty of grave miscon- 

Rule exclusive for investigation, 3 j 4. j ^ io 

^- ^- r -,-, & > duct, duty, 12 

investigation of, 31 ^^^-^^^ Ij 

misconduct reprimand, administer, 11 

Board investigate, 1 rules and regulations, adopt, 33 

discipline for, 5 secretary, 2 

effect of, 6 complaint docket, keep, 25 

Rule exclusive for investigation, 3 subpoena, member issue, 22 

yj Volume 7 



Code: oif Laws o^ South Carolina 



Board of Commissioners and Grievances 
and Discipline — Cont'd 
terms. 2 
vacancy, 2 
Briefs- 
form, 16 

reinstatement petition, appeal from, 30 
show cause rule on respondent — 
complainant's brief, 15 
filing, 14 
service, 14 
respondent's brief, 14 
filing, 14 
service, 14 
Committee on Character and Fitness — 
attorneys, chairman authorize investi- 
gation, 31 
chairman initiate investigations of at- 
torneys, 31 
reinstatement petitions, duties and 
powers as to, 28, 29, 30 
Complainant — 

Complaint, infra 
defined, 7 
Complaint — 

amendments, 32 

Board member file, 31 

defined, 7 

dismiss, when to, 8, 10, 11 

docket for, 25 

filing, 8 

requirements for, 7 
hearings on — 

commissioner panel to hold, 9, 10 
appointment of panel, 9 
chairman of panel, 9 
duty of panel, 10 
majority act, 19 
quorum, 19 
reports, 10 
complaint, when to dismiss, 10 
reports, 10 

review by Board, 11 
reprimand — 

private, administration, 10 
public, report to Board, 10 
review by Board, 11 
reports, 12 

filing, etc., 12 
procedure thereon, 8 
requirements, 7 
Rule, application of, 32 
verification, 7 
Construction to be liberal, 32 
Contempt of court — 

subpoena, refusal to obey, 23 
testify, refusal to, 23 
Continuance, nonresident attorney, grant to 

appear and defend, 21 
Costs — 

Board, 12, 17 
hearing panel, 10, 17 
reinstatement appeal, 30 
Counsel. Attorneys, supra 
Crime, commission involving moral turpi- 
tude, misconduct, 4 
Depositions — 

Board member order, 22 
permitted, 22 



Disbarment — 

misconduct, discipline for, 5 
readmittance to practice, prohibits, 6 
when, 5, 6 
Discipline — 

Attorneys, supra 

Rule exclusive for investigation, 3 
Docket, complaint, 25 
Documents, private until filed in Supreme 

Court, 18 
Ethics, Canons of Professional, violation, 

misconduct, 4 
Evidence — 

privileged communications, 32 
rules for hearings, 24 
Exclusive for investigation of misconduct, 
discipline and reinstatement of attorneys, 
3 
Hearings — 

Board on report of panel, 11 
Complaint. Complaint, supra 
contmuance, grant for nonresident at- 
torney, 21 
rvidence. rules for, 24 
Notice, infra 
panel of Commissioners. Complaints, 

supra 
privileged communications, 32 
proceedings private until filed in Su- 
preme Court, 18 
reinstatement petition. Reinstatement, 
infra 
Investigations — 
attorneys, 31 
irregularity, effect on, 32 
Rule, application, 32 
Lawyers. Attorneys, supra 
Local bar association grievance committee 

may be complainant, 7 
Mail, service by, authorized, 13, 20 
Members of the Bar. Attorneys, supra 
Misconduct — 
defined, 4 
Rule exclusive for investigation, 3 

Nonresident attorneys — 

continuance, grant to, 21 
service on, 21 
Notice — 

amendment, 32 
Board action, 11 
Board report, 12 
complaint — 

dismissal, 8, 10, 11 

respondent, to, 8 
hearing panel action, 10 
reinstatement petition hearing, 29 
reinstatement report, 30 
reprimand — 

by Board, 11 

by panel, 10 
service of, 20 
show cause rule on respondent, 13 

Oath- 
Board member administer, 22 
violation, misconduct, 4 



78 



Rule; on Disciplinary Procedure; for Attorneys 



Orders — 

amendments, 32 
disciplinary orders by court, 17 
reinstatement petition, 30 
Pending proceedings, Rule, application to, 

32 
Petitions. Reinstatement, infra 
Privileged communications, 32 
Process and procedure — 

irregularity, effect of, 32 
pending proceedings, 32 
private until filed in Supreme Court, 18 
reinstatement petition, 30 
Rule, application, to pending, 32 
Service of process and papers, infra 
summary, 32 
Reference, reinstatement petition, 28 
Reinstatement — 

Board investigate, 1 
disbarment prohibits, 6 
petition for — 
action on, 29 
contents, 27 
file, when, 26 
hearing on, 29 
orders, court, on, 30 
refer to Committee, 28 
action on, 29 
hearing on, 29 

notice of, 29 
orders, court, on, 30 
report to court, 29 
filing, 30 
notice of, 30 
procedure on, 30 
reports, court, on, 29 
filing. 30 
procedure on, 30 
Rule exclusive for investigation, 3 
Reports — 

amendments, 32 
Board, 10 
Committee, 29 
panel of commissioners, 12 
Reprimand — 

misconduct, discipline for, 5 
private, administration, 10, 11, 12 
Respondent — 

Answer, supra 

defined, 7 

Show cause rule on respondent, infra 



Return — 

amendments, 32 

Show cause rule on respondent, infra 
Rules and regulations. Board adopt, 33 
Rule to show cause. Show cause rule on 

respondent, infra 
Service of process and papers — 
answer, 8 

attorneys, nonresident, 21 
complaint, 7 
complainant's brief in show cause rule, 

15 
mail, by, permissible, 13, 20 
manner, 20 

orders, disciplinary, 17 
show cause rule on respondent, 13 
Attorney General's brief, 15 
complainant's brief, 15 
respondent's brief and return, 14 
Show cause rule on respondent — 
confirmation of Board's report — 
Attorney General — 
brief, 15, 16 
party, 14 
briefs, 14, 15. 16 
complainant's brief, 15, 16 
court review, 17 
respondent — 
brief, 14, 16 

filing, 14 
return, 14 
Service of process and papers, supra 
Subpoena — 

Board member issue, 22 
refusal to obey, punishment, 23 
Supreme Court — 

Board of Commissioners on Griev- 
ances and Discipline — 
appointment, 2 
commissioners of court, 1 
clerk — 

nonresident attorney, agent for 
service on, 21 
Suspension — 

misconduct, discipline for, 5 
when, 6 
Witness — 

Board member administer oath to, 22 
privileged communications, 32 
testify, refusal to, punishment, 23 



79 



Rules for the Examination and Admission of Persons to Practice Law 

in South Carolina 



1. State Board of Law Examiners; sec- 7. Board report applicants passing exami- 
retary. nation; order of admission; additional 

2. Board examine applicants for admis- fee; oath. 

sion to the Bar. 8. Administration of oath; enrollment. 

3. Committee on Character and Fitness. 9. No fee refund; use of receipts. 

4. Committee investigate qualifications of 10. Admission of attorneys formerly non- 
applicants, residents; fees. 

5. Prerequisites for admission to the prac- 11. Participation in trial or argument by 
tice of law. nonresident attorney. 

6. Applications; Committee and clerk to 12. Citizens may represent themselves; re- 
process; fee. peal. 

Pursuant to an Act of the General Assembly approved by the Governor on June 
18, 1957, 50 St. at L. 553, and the inherent power of the Courts to fix qualifications 
for admission to the Bar, the following rules for the examination and admission of 
persons to practice as attorneys at law in South Carolina are hereby prescribed and 
adopted to become effective March 1, 1958, and from such effective date shall be the 
exclusive and only rules for admission to the Bar. 

Editor's note.— Act, 1957 p. 553, codified 
as §§ 56-91 to 56-95. 

Rule 1 

State Board of Law Examiners; secretary 

Section 56-111 of the 1952 Code providing for a State Board of Law Examiners 
is hereby continued in full force and effect. The examiners appointed thereunder 
shall continue to serve for the respective terms for which they have been appointed. 
The Clerk of the Supreme Court shall be ex officio Secretary of the Board. 

Rule 2 
Board examine applicants for admission to the Bar 

It shall be the duty of the Board of Law Examiners to determine whether appli- 
cants for admission to the Bar possess the necessary legal knowledge. They shall 
conduct examinations twice each year commencing on the fourth Wednesday in 
February and June and continuing for such length of time as the Board may de- 
termine. The subjects upon which applicants shall be examined shall be such as the 
Board deems proper. The Board is empowered to make such rules and regulations 
with reference to the method of conducting the examinations as they may deem 
expedient. Included in such rules and regulations shall be the list of subjects upon 
which applicants will be examined. Changes or additions may be made from time 
to time provided reasonable notice is given of such changes. In the event of the 
failure of an applicant to pass the first examination he may, if otherwise qualified 
under these rules, be permitted to take a second examination. In the event he fails 
to pass the second examination, he shall not be permitted to take a third examination 
within the next succeeding eleven months. No applicant shall be permitted to take 
more than three examinations. 

Rule 3 
Committee on Character and Fitness 

For the purpose of determining the fitness, character and qualifications of appli- 
cants who desire to be admitted to practice law in South Carolina, there is hereby 
created a committee to be known as the Committee on Character and Fitness, which 

80 



Rule 4 RuLi:s for Admission to Practice Law in S. C. Rule 6 

shall consist of five members of the Bar to be appointed by the Supreme Court. The 
members first appointed shall hold office for one, two, three, four and five years, 
respectively, as designated by the Justices of the Supreme Court. Their successors 
shall be appointed for a term of five years each. In case of vacancy for any cause a 
member of the Bar shall be appointed by the Supreme Court to fill the unexpired 
term. The Committee shall elect a chairman and a secretary. The Committee is 
empowered to adopt rules and regulations not inconsistent with these rules, which 
shall become effective upon approval by the Supreme Court. 

Rule 4 

Committee investigate qualifications of applicants 

It shall be the duty of the Committee on Character and Fitness to investigate and 
determine whether or not an applicant for admission to the Bar possesses the quali- 
fications prescribed by these Rules as to citizenship, age, character, residence and 
legal education. The burden shall be on the applicant to establish to the reasonable 
satisfaction of a majority of said Committee that he possesses such qualifications. In 
the conduct of its investigations the Committee, if deemed necessary, may take and 
hear testimony and compel, by subpoena, the attendance of witnesses and require 
an applicant to appear for a personal interview. Any member of the Committee may 
administer oaths and issue subpoenas. 

Rule 5 

Prerequisites for admission to the practice of law 

Except as to attorneys admitted on reciprocity as provided by Rule 10, no person 
shall hereafter be admitted to the practice of law in South Carolina unless he 
(1) is a citizen of the United States and at least 21 years of age, (2) is a person 
of good moral character, (3) has been an actual resident of South Carolina for a 
period of not less than six months prior to his application for admission, (4) is a 
graduate either of the Law School of the University of South Carolina, the Law 
School of South Carolina State College, a Law School approved by the Council 
of Legal Education of the America Bar Association or such other Law School as 
may be approved by the Supreme Court, (5) has been recommended as possessing 
the foregoing qualifications by the Committee on Character and Fitness, (6) has 
taken the examination given by the Board of Law Examiners and has been certified 
by that Board as possessing the legal knowledge necessary to engage in the practice 
of law in South Carolina, (7) and has paid the fees and taken the oath prescribed 
by these rules. The pronoun "he" wherever used refers both to male and female 
applicants. An applicant who has attended a law school in this State during the last 
two semesters prior to graduation shall be considered as fulfilling requirement 3 
of this rule as to residence. Provided, further: Any person who prior to January 1, 
1957 commenced the study of law in a law office under the direction of a member 
of the Bar of this State, as heretofore authorized by Rule 30 of this Court, may on 
or before April 1, 1958 apply to the Supreme Court for a variation or relaxation 
of requirement 4 of the above Rule as to graduation from a law school. The granting 
or refusal of such application shall rest in the discretion of the Supreme Court. 

Rule 6 

Applications; Committee and clerk to process; fee 

Any person desiring to take the bar examination shall file application in dupli- 
cate, on forms prescribed by the Committee on Character and Fitness, with the 
Clerk of the Supreme Court not less than four nor more than six months prior to 
the time fixed for holding the examination, which, application shall be accompanied 

81 



Rule 7 Code; of Laws of South Carolina Rule 8 

by a fee of $10.00. Each applicant shall be required to give a full and direct answer 
in ink in his own handwriting, subscribed and sworn to by him before some officer 
authorized to administer oaths, to each of the questions required by the Committee 
on Character and Fitness. The Clerk shall retain one application and deliver the 
other to the Committee on Character and Fitness who shall, not less than thirty 
days prior to the time fixed for the holding of said examination, certify to the Clerk 
of the Supreme Court whether or not the applicant possesses the qualifications as to 
citizenship, age, character, residence and legal education prescribed by Rule 5. 
The Committee shall further, as soon as practicable, notify the applicant whether his 
application has been accepted or rejected. The Clerk of the Supreme Court shall 
furnish the Chairman of the Board of Law Examiners with the names of those 
applicants who have been approved by the Committee on Character and Fitness. No 
applicant shall be permitted to take the bar examination unless found by the Com- 
mittee to possess the required qualifications 

Rule 7 

Board report applicants passing examination; order of admission; 

additional fee; oath 

The Board of Law Examiners shall certify to the Clerk of the Supreme Court the 
names of those applicants successfully passing the examination. The Court shall 
thereupon pass an order admitting such applicants to practice in the courts of this 
State upon each paying an additional fee of $10.00 to the Clerk of the Supreme 
Court and taking and subscribing to the following oath, which shall be filed in the 
office of the Clerk : 

"I do solemnly swear (or affirm) that: 

"I am duly qualified, according to the Constitution of this State, to exercise the 
duties of the office to which I have been appointed, and that I will, to the best of 
my ability, discharge the duties thereof, and preserve, protect and defend the Con- 
stitution of this State and of the United States ; 

"I will maintain the respect due to courts of justice and judicial officers; 

"I will not counsel or maintain any suit or proceeding which shall appear to me 
to be unjust, nor any defense except such as I believe to be honestly debatable 
under the law of the land ; but this obligation shall not prevent me from defending 
a person charged with crime in any case ; 

"I will employ for the purpose of maintaining the causes confided to me such 
means only as are consistent with truth and honor, and will never seek to mislead 
the judge or jury by any artifice or false statement of fact or law ; 

"I will respect the confidence and preserve inviolate the secrets of my client, and 
will accept no compensation in connection with his business except from him or 
with his knowledge and approval ; 

"I will abstain from all offensive personalities, and advance no fact prejudicial 
to the honor or reputation of a party or witness, unless required by the justice 
of the cause with which I am charged ; 

"I will never reject, from any consideration personal to myself the cause of the 
defenseless or oppressed, or delay any man's cause for lucre or malice ; 

"I will abstain from direct or indirect solicitation of employment, to institute, 
prosecute or defend against any claim, action or cause of action. 

"So help me God." 

Rule 8 

Administration of oath; enrollment 

The oath required to be taken by Rule 7 shall be administered in open court and 
each person admitted to the Bar shall sign his name in a book kept for that purpose 
in the office of the Clerk of Court. 

82 



Rule 9 RuivDS for Admission to Practice; Law in S. C, Rule 11 

Rule 9 
No fee refund; use of receipts 

No part of the fee required by Rule 6 shall be refunded to the applicant in the 
event his application is rejected by the Committee on Character and Fitness or he 
fails to pass the bar examination. One-fourth of the fees required by Rules 6 and 
7 shall be retained by the Clerk of the Supreme Court as a part of his compensa- 
tion. The remaining portion shall be kept by the Clerk of Court in a separate fund 
and applied by him to the expenses incurred by the Committee on Character and 
Fitness. 

Rule 10 
Admission of attorneys formerly nonresidents; fees 

An attorney admitted to practice law in the highest court of the District of 
Columbia or in the highest court of another State in which the standard of admis- 
sion is substantially equivalent to the standard of this State, who has been actively 
engaged for at least five (5) years next preceding filing of his application, either in 
the practice of law or, during said period has been a judge of a court of record or 
teacher of law, may be admitted to the Bar of South Carolina, without examination, 
upon satisfactory proof that he is a citizen of the United States and an actual 
resident of this State and intends to practice or teach law therein, is at least 26 years 
of age, and a person of good moral character. Application, accompanied by a fee 
of $100.00, shall be filed with the Clerk of the Supreme Court on such form as 
the Committee on Character and Fitness shall prescribe and there shall be filed 
therewith (a) a certificate of the Clerk of the highest court of the District of Co- 
lumbia or of the State in which he has practiced showing the date of his admission 
and his present standing, (b) a letter or certificate of a Judge of a court of record 
in which the applicant has practiced certifying to his character and standing, and 
(c) affidavits of three attorneys of this State attesting to his good moral character. 
The Clerk shall refer such application to the Committee on Character and Fitness 
who shall make the necessary investigation to determine whether the applicant meets 
the requirement herein specified. As a part of such investigation, the Committee 
shall obtain a report from the National Conference of Bar Examiners as to the 
applicant's moral character and professional standing. If the applicant is favorably 
recommended by the Committee he may, in the discretion of the Court, be admitted 
to the Bar of this State upon the payment of a further fee of $10.00 to the Clerk 
of the Supreme Court and taking the oath prescribed by Rule 7. 

The fee of $100.00 above mentioned shall not be refunded in the event the appli- 
cation is withdrawn or rejected, $30.00 of said amount shall be retained by the 
Clerk of Court as part of his compensation and the remaining $70.00 and the fee 
of $10,00 paid upon admission shall be placed in '■he separate fund kept by him for 
the purpose of paying the expenses incurred by ihe Committee on Character and 
Fitness. 

Attorneys from States not extending reciprocity on substantially equal terms to 
attorneys licensed in this State shall not be admitted under this Rule. 

Rule 11 

Participation in trial or argument by nonresident attorney 

An attorney from another State may, in the discretion of any court of record, be 
admitted pro hac vice to participate in the trial or argument of any particular cause 
in which he may for the time being be employed. 



.83 



Rule 12 



Code of Laws of South Carolina 



Rule 12 



Rule 12 
Citizens may represent themselves ; repeal 
Nothing contained in these rules shall be construed as preventing a citizen not 
licensed to practice law from prosecuting or defending his own cause, if he so 
desires, but he may not prosecute or defend the cause of another. 

Upon becoming effective, the rules herein prescribed shall supersede all rules of 
this Court or statutes in conflict therewith to the extent of the conflict. 



Index to Rules for the Examination and Admission of Persons to Practice 

Law in South Carolina 



Admission practice law — 

generally, Rules 2, 4 to 10 
Applicants for admission, infra 
applications — 

attorney formerly nonresident, 

Rule 10 
Examinations, infra 
fees, Rule 7 

nonresident attorney, former, Rule 10 
order of, Rule 7 
prerequisites for, Rule 5 
Adoption, authority for, preamble on p. 80 
Applicants for admission — 
age, minimum. Rule 5 
Committee recommendation necessary, 

Rule 5 
education required, Rule 5 
enrollment of successful. Rule 8 
Examinations, infra 
interview, subject to. Rule 4 
oath for successful, Rule 7 
order of admission, Rule 7 
qualifications, Rules 4, 5 
investigation, Rule 4 
questions of Committee, answer. Rule 6 
Argument — 

citizen talk for self, Rule 12 
nonresident attorney participate in, 
Rule 11 
Attorneys. Nonresident attorneys, infra 
Committee on Character and Fitness — 
applicants — 

interview, Rule 4 
investigate. Rule 4 
notify. Rule 6 
questions of, answer. Rule 6 
appointment. Rule 3 
attorney formerly nonresident, investi- 
gate. Rule 10 
chairman. Rule 3 
created. Rule 3 
examinations — 

applications for, Rule 6 
process. Rule 6 
oaths, administer, Rule 4 
prerequisites to practice law, check. 

Rule 5 
recommend applicants if qualified. Rule 

5 
rules and regulations, Rule 3 
secretary. Rule 3 
subpoena, issue. Rule 4 
terms. Rule 3 
vacancy. Rule 3 
Enrollment, Rule 8 



Examinations — - 

applications for. Rule 6 
processing. Rule 6 
conduct. Board, Rule 2 
fee, Rule 6 
rules for. Rule 2 
subjects. Rule 2 
times take, Rule 2 
Examiners. State Board of Law Examiners, 

infra 
Fees — 

admission to practice, Rule 7 
examination. Rule 6 
payment required, Rule 6 
refunds, Rules 9, 10 
use of receipts. Rules 9, 10 
Law office, studying in, as substitute for 

law school, Rule 5 
Law school — 

graduation necessary, Rule 5 

exception. Rule 5 
studying in law office as substitute for, 
Rule 5 
Nonresident attorneys- — ■ 

admission of former, Rule 10 
application, Rule 10 
fees. Rule 10 
investigation, Rule 10 
argument, participate in, Rule 11 
trial, participate in. Rule 11 
Oath- 
administration, Rule 8 
applicants, successful, take and sub- 
scribe. Rules 5, 7 
Committee administer. Rule 4 
stated, Rule 7 
Orders, admission. Rule 7 
Representation, citizen represent self, Rule 
12 
Nonresident attorneys, supra 
Rules and regulations — 
Board adopt. Rule 2 
Committee adopt, Rule 3 
State Board of Law Examiners — 

applicants for admission, examine. Rule 

2 
effective. Rule 1 
examinations — 

applicants passing, report, Rule 7 
applications for, clerk furnish. Rule 

6 
conduct. Rule 2 
rules and regulations, Rule 2 
subjects. Rule 2 
time. Rule 2 



i^ 



Rules for Admission to Practice: Law in S. C. 

State Board of Law Examiners— Cont'd Supreme Court— Cont'd 

secretary, Rule 1 clerk— Cont'd ^ ^ ^ ,^ 

terms, Rule 1 fees. Rules 6, 7, 9. 10 

Subpoena, Committee issue. Rule 4 order of admission. Rule 7 

Supreme Court — rules for admission, etc., adoption, pre- 

clerk— amble, p. 56 

applications for examinations — authority for, preamble, p. 56 

furnish Board, Rule 6 Trial — 

process. Rule 6 citizen represent self. Rule 12 

Board — nonresident attorney participate in, 

furnish list of applications, Rule 11 

Rule 6 
secretary, Rule 1 



85 



RULES AND REGULATIONS 

Adopted under General and Permanent Law^s of the State of 

South Carolina 

Filed in the Office of Secretary of State as of July 5, 1960, Except 

AS Otherwise Indicated. 



Published Pursuant to § 1-17, S. C. Code of 1952. 



Pags 

Aeronautics Commission 87 

Agricultural Marketing Commission, State 90 

Agriculture Commissioner 92 

Bank Control, State Board of 106 

Barber Examiners Board 113 

Cemetery Board, State 116 

Charleston County Council 116 

Chiropractic Examiners Board 116 

Clemson Agricultural College of South Carolina, The 119 

Contractors, South Carolina Licensing Board for 123 

Cosmetic Art Examiners, State Board of 127 

Courts, Supreme and Circuit 132 

Dairy Commission, State 132 

Development Board 143 

Education, Department of 143 

Educational Finance Commission, State 151 

Employment Security Commission 153 

Forestry, State Commission of 163 

Funeral Service Board, South Carolina State 164 

Health, State Board of 166 

Highway Commission, State 224 

Industrial Commission 226 

Insurance Commissioner, Chief 227 

Law Enforcement Division, South Carolina 231 

Mental Health Commission 232 

Nursing, State Board of 232 

Optometry, Board of Examiners in 242 

Pharmaceutical Examiners, State Board of 243 

Public Service Commission, The 248 

School Book Commission, State 262 

Tax Commission 266 

Water Pollution Control Authority, South Carolina 271 

Welfare, Public Department 275 

Wildlife Resources Commission, State 297 

Wildlife Resources Department 299 

Aeronautics Conunission. 

Adopted by South Carolina Aeronautics Commission. 

Pursuant to § 2-55, S. C. Code of 1952. 
Aerial Applicator Pilot Permit Regulations. 
Aircraft, Registration of. 

Air Shows, Aerial Exhibitions, etc., Permit Required For. 
Spraying, Dusting and Seeding Aircraft, Registration. 

87 



Code of Laws of South Carolina 

AERIAL APPLICATOR PILOT PERMIT REGULATIONS. 

(Filed Secretary of State's Office June 20, 1953.) 

1. It shall be unlawful for any person to pilot an aircraft while engaged in aerial 

spraying, dusting, seeding, or any other similar operation within this state unless the pilot 
•hall be the holder of a valid current permit issued by the South Carolina Aeronautics Coxn- 
mission to engage in the above named operations. 

2. Pilot Qualifications: 

(a) Applicant pilot must hold a current, effective Commercial Airman Certificate with 
a minimum of three hundred (300) logged hours, twenty-five (25) hours of which must have 
been logged while engaged in aerial application. 

(b) If the applicant pilot does not possess the qualifications, as outlined in para- 
graph (a) of this regulation as to aerial application experience, the applicant must 
in order to qualify for this permit, receive the minimum twenty-five (25) hours under the 
direct supervision of an aerial applicator who holds an effective, current permit issued by the 
South Carolina Aronautics Commission, provided further, that the applicant pilot must produce 
written evidence signed by the supervising aerial applicator, which statement must be sworn to 
by the applicator that the applicant pilot has received the minimum twenty-five (25) hours of 
aerial experience under his direct supervision, provided further, if the applicant pilot receives 
the twenty-five (25) hours minimum experience in aerial application without the state, the 
applicant pilot must produce documentary evidence sworn and subscribed to by the person who 
supervised this aerial applicator's training, which evidence must meet the complete satisfaction 
of the South Carolina Aeronautics Commission. 

3. Permits: 

(a) Permits will be issued beginning January 1st of each year, without charge to appli- 
cants, on appropriate forms to be furnished by the South Carolina Aeronautics Commission. 
This permit will be valid only for the calendar year in which issued, expiring December 
31st of each year, unless otherwise revoked for cause as determined by the South Carolina 
Aeronautics Commission. 

4. (a) The South Carolina Aeronautics Commission may revoke or refuse to issue 
or re-issue any permit when in its opinion the issuance or re-issue shall not be in the public 
Interest, public safety, or if the Commission finds as a fact that the licensee is no longer 
qualified. 

5. (a) Upon notice of refusal to issue or re-issue a permit by the Commission, the 
licensee may request a hearing at any regular meeting of the Commission and/or by any person 
designated by the Commission to hold such hearing. 

REGISTRATION OF AIRCRAFT. 

(Filed Secretary of State's office May 14, 1953.) 
Effective Date: This regulation shall be effective June 1, 1953. 

1. Aircraft to Be Registered: 

(a) It shall be unlawful for any person to operate or cause to be operated within this 
state, 30 days after entry into state, any civil aircraft based in this state unless such aircraft 
has an appropriate, effective license, certificate or permit issued by the United States of Ameri- 
ca, Department of Commerce, Civil Aeronautics Administration, which has been registered with 
the South Carolina Aeronautics Commission and such registration is in full force and effect. Pro- 
vided, however, this registration does not apply to any public aircraft used exclusively in any 
governmental service or any scheduled air carrier that has been issued a certificate of Public 
Convenience and Necessity by the United States Civil Aeronautics Board or by any irregular 
air carrier granted Letter of Registration by the United States Civil Aeronautics Board, and 
does not apply to the aircraft exempted under Section 9 of this regulation. 

(b) Based: As used in this regulation, an aircraft shall be considered based in the State 
of South Carolina: 

(1) if the aircraft is situate or operated within the state for a period exceeding thirty 
(30) days; or 

(2) if the owner's principal place of business or residence is within the state and the air- 
craft operates from that location. 

2. Application for Registration: 

The person or persons desiring registration shall file in the office of the South Carolina 
Aeronautics Commission an application for registration on the form required and supplied by 
the Commission, and the Commission may upon receipt of a proper application register such 
aircraft and issue a certificate of registration and assign it a registration number and also such 
stamp, decalcomania, or sticker as it deems practicable, which shall be placed on the aircraft 
in a readily visible and readable location during its effective period. 

88 



Rui.e;s and Regui^ations 

3. Inspection, Certificate and Registration: 

The certiticate of registration must be presented for inspection upon the request of any 
authorized officer or employee of the Commission or upon the reasonable demand of any other 
person. 

4. Withholding and Revocation of Certificate: 

The Commission shall not grant a certihcate of registration to any person who has not 
complied with this regulation and the Commission may revoke any such certificate which haa 
been obtained by false or fraudulent representation and any certificate issued by the Commissioa 
shall be surrendered to the Commission on demand. 

5. Expiration, Renewal, Duplicate Certificates: 

The certificate of registration shall expire on December 31st of each year. The registration 
shall be renewed annually January 1 in the same manner as provided for in the original registra- 
tion. In the event of loss or destruction of a certificate of registration or the stamp or other 
evidence thereof, a duplicate may be obtained from the Commission upon the filing of an affidavit 
explaining the loss. 

6. Transfer of Registration: 

Within ten days after the date of sale or transfer of title of a registered aircraft, the pur- 
chaser shall fill in the prescribed form on the back of the registration certificate giving his 
name and address, and the date and place of sale and forward the certificate to the offices of the 
Commission for re-issue in the purchaser's name; provided further, that in the event of the 
sale of an aircraft to a person without the state, the seller shall give notice of sale herein 
required. 

7. Fees: 

There shall be no fees or charges made for the application or the issue or re-issue of any 
certificate of registration or any stamp, decalcomania or sticker issued under this regu- 
lation. 

8. Destruction of Aircraft: 

Upon the total destruction of any aircraft registered under this regulation by accident, fire, 
or other means, the person in whose name the aircraft is registered shall give written notice of 
such destruction to the Commission within ten days after said aircraft was destroyed. 

9. Exemptions: 

The provisions of this regulation shall not apply to : 

(1) any Public Aircraft, scheduled air carrier, or any large irregular air carrier. 

(2) any aircraft registered under the laws of a foreign country which grants similar 
exemption for aircraft of United States Registry in iu territory. 

(3) any aircraft which is within this state for the purpose of repair or overhaul. 

10. Hearings: 

Any applicant for registration certificate, if such registration is denied or revoked by the 
South Carolina Aeronautics Commission, shall have the right to a hearing before the Com- 
mission. 

PERMIT REQUIRED FOR AIR SHOWS, AERIAL EXHIBITIONS. ETC. 

(Filed Secretary of State's office April 7, 1953.) 

1. No person, firm, or corporation shall promote, sponsor, conduct, or cause to be 
displayed any aerial exhibition or air show on any airport within this state without an effective, 
current permit issued by the South Carolina Aeronautics Commission. Applications for permits 
must be filed with the South Carolina Aeronautics Commission at least ten (10) days prior to 
the scheduled date of proposed aerial exhibition or air show. 

2. The South Carolina Aeronautics Commission shall furnish appropriate forms for 
application for waiver or permit without charge to the applicant. 

REGISTRATION OF SPRAYING, DUSTING AND SEEDING AIRCRAFT. 

(Filed Secretary of State's office April 7, 1953.) 

1. No person piloting an aircraft shall engage in aerial spraying, dusting, seeding, 
or any similar operation within this state unless the aircraft being used shall have first beeo 
properly registered by the South Carolina Aeronautics Commission, which registration shall 
be issued without charge to applicant on appropriate forms to be furnished by the South Caro- 
lina Aeronautics Commission. 

2. Prior to the issuance of a registration certificate by the South Carolina Aeronau- 
tics Commission the applicant must, under oath, certify that the aircraft which will be engag- 
ed in the operation of spraying, dusting, seeding, or any other agricultural operation or pest 
control shall be equipped with approved type safety belt and shoulder harness, provided further 
that the operator of the aircraft shall, at all times, wear the approved safety belt and shoulder 
harness while the aircraft is engaged in the operation of aerial dusting, spraying, seeding, or 
«ny other type of agricultural operation or pest control. 

89 



Code of Laws of South Carolina 

Agricultural Marketing Commission, State. 

Adopted by State Agricultural Marketing Commission of South Carouna. 
REVISED RULES AND REGULATIONS WITH AMENDMENTS GOVERNING 

THE OPERATION OF THE COLUMBIA STATE FARMERS MARKET 

Pursuant to § 3-2U8, S. C. Code of 1952. 

(Filed Secretary of State's office January 11, 1956.) 

Section I. The Market Manager or his Agent shall have the supervision and general 
control oi the Market and the streets and alleys immediately adjoining, and shall collect all 
fees, rents, etc., and deliver to each lessee, buyer, or seller, as provided for herein, the required 
receipt or ticket for use while doing business on the Market grounds. 

Section II. No person shall deface or damage the buildings, loading platforms, 
packing sheds, streets, or any other physical equipment of said Market. 

Section III. It shall be unlawful for any person to sell or otter for sale any products 
on said Market, until he or she has paid the required fee or rent, or has made satisfactory 
arrangements with the Market Manager or his assistant; and no person shall sell or offer 
for sale on the Market any products except farm or other food products. 

Section IV. The Market Manager or duly authorized agent shall have the authority 
to direct tiie arrangement and movement of ail vehicles on the Market. 

Section V. The Market Manager shall have the authority to establish selling areas 
for South Carolina farmers and specihc products at such times as may be necessary for orderly 
use of the Market, arrangement of parking and trafhc control. In order for a farmer to bo 
eligible to use said space for selling, he may be required, under oath, to specify tliat all the 
produce was grown on his farm and that it is being sold by himself, a member of his immediate 
family or a person who has had a working part in its production on the farm. No person shall 
use or occupy any space other than that designated by the Market Manager. 

Section VI. Stall and parking space shall be rented either by the month or by the 
day. The rent shall be fixed by the Marketing Commission. 

Section VII. No person renting a stall space on said Market shall sell, sublet or 
assign the same, or any part thereof, or shall use same for any purpose other than loading, un- 
loading, displaying and selling farm products without the consent or approval of the Market 
Manager 

Section VIII. Sharp and dishonest practices carried on at the Market will be pun- 
ished by revocation of permit to sell on the Market. 

Section IX. False packs are prohibited. 

Section X. The use of profane, abusive, or discourteous language on the Market is 

prohibited, and is punishable by expulsion from the Market. 

Section XI. The Market Manager, or his agent, shall have the authority to remove 
from the Market any person gambling or under the influence of intoxicants, or who is disor- 
derly in his conduct. 

Section XII. No Marketeer or vendor shall do any act or use any language, intended 
thereby to insult another tenant or customer or to intimidate a shopper into purchasing his pro- 
duce, nor shall they attempt to fix the prices of produce of any farmer, or other vendor or 
merchant, but every person shall sell his or her produce at whatever price they may adopt, 
unmolested. 

Section XIII. Tenants, vendors or marketeers who circulate false reports of stories 
tending to upset, destroy or disturb the operation of the Market, or that may cause upset or 
damage to other tenants in loss of prices, shall be subject to expulsion from the Market. 

Section XIV. Any user of space on the Market, either under roof or in the open, 
must keep his immediate premises reasonably clean, sanitary and orderly. The Market Manager 
or his agent shall have the right to remove immediately from the Market grounds, any person 
violating this section. 

Section XV. Any person, firm or corporation desiring to cancel any lease with the 
State Marketing Commission must do so in writing. Such statement must be given to the 
Market Manager and include all information such as investment in permanent installations 
or the amount of money expected for remuneration of such installation. 

Section XVI. Any person, firm or corporation desiring to lease warehouse units 
must file with the Market Manager a written request with the following information : name of 
person, partners or firm; products to be handled; number of years in produce business; name 
of the bank used. A deposit of three (3) months rent in advance mu<;t accompanv the reque.s* 
for single units or one-half units. The amount of the deposit renuirerl for more than one unit 
shall be determined by the Marketing Commi=:'=ion. The Marketing Commission shall have the 

90 



Rule;s and Re;gui.ations 

right to reject any and all requests. When requests are rejected, any deposit will be promptlj 
refunded. 

Section XVII. Tenants occupying space on a monthly basis are not allowed to 
rent any space at another location on the Market on a monthly basis except by special permis- 
sion from the State Marketing Commission. 

Section XVIII. Shed stalls that become empty of products for sale may be rented 
to other sellers. 

Section XIX. All platforms, aisles and walkways must not be blocked at any time. 

Section XX. Buyers must not approach any seller of produce until the seller has 
parked his vehicle on the Market grounds. 

Section XXI. Sellers on the Market must not approach a buyer for the purpose of 
making a sale while said buyer is in conterence with anoilicr seller. 

Section XXII. All State and Federal Laws must be observed. 

Section XXIII. The Market Manager and all other employees of the said Market 
shall not be interested either directly or indirectly in the purchasing, buying, or selling of any 
products sold on said Market. 

Section XXIV. The Market or any of its employees shall not be responsible for 
any loss through theft or otherwise of pruducts or any piivate property on the Market The 
Market will not be responsible for personal injuries or damage to private property. 

Section XXV. In case of violation of any of these rules and regulations and in case 
of any refusal to follow instructions or directions issued hereunder, the Market Manager may 
revoke any privilege issued to any person under the terms of these rules and regulations, and 
such revocation is for immediate effect. Any person who has been or who has had such 
privilege revoked shall be barred from the Slarket until he shall be reinstated. Any person 
whose privilege has been revoked by the Market Manager may appeal to the Marketing 
Commission. Said appeal must be made in writing within seventy-two {7Z) hours after notice 
of revocation, and such appeal shall set forth in a concise manner the cause of the revocation 
and the reason for appealing. During the pendency of such appeal, the person whose privilege 
is revoked shall be barred from the Market. The Marketing Commission shall fix a time for 
hearing not less than one day or more than fifteen days after the appeal has been filed. After 
hearing such an appeal, the Marketing Commission may affirm the revocation or reinstate the 
applicant, and action of the Marketing Commission shall be conclusive and final. 

Section XXVI. The use of Ethylene Gas for the purpose of coloring fruits or 
vegetables on the Columbia State Farmers Market is prohibited with the exception of small 
size lecture bottles. It is urged that it be used in accordance with practices recommended by na- 
tionally known manufacturers and fruit ripening authorities. 

Section XXVII. Until further notice the gates to the Columbia State Farmers 
Market will be closed to all vehicular traffic from midnight Saturday night until midnight Sun- 
day night except in the following cases : trucks loaded with produce may make entrance from 
5:00 a. m. to 9:00 a. m. and from 3 :00 p. m. to 7:00 p. m. ; fire fighting equipment, ambulances, 
physician's cars, ice trucks and emergency repair crew trucks or cars may make entrance or 
exit through the pates when necessary. 

Section XXVIII. Begging or soliciting alms is prohibited on the Market. The 
Market Manager may, in his discretion, permit solicitation for recognized charitable purposes. 

Section XXIX. No person shall be employed upon the Market who does not possess 
an Identification Badge; such Badge to be furnished to an applicant therefor by the 
Market Manager upon payment by the applicant of a deposit of 50^, the said amount to 
be refunded to the holder thereof upon return of the Badge. This section shall not be 
applicable to renters, managers, office personnel, permanent full time salesmen, foremen, 
nor to persons employed by renters as interstate truck drivers; said interstate truck 
drivers shall be registered and issued printed cards in lieu of the Badge. (This rule filed 
In the oflRce of the Secretary of State February 11. lO.'iS.) 

Section XXX. Loafing or loitering on the Market between sunset and sunrise is 
prohibited. The Market Manager shall have the rieht to expel any person found loafing or 
loitering in the Market area during such period when it cannot be shown to the satisfaction 
of the Market Manager, or his agent, that such person has an apparent proper or needful 
reason for being on the premises. 

Section XXXI. Children under fourteen years of age shall not come upon the 
Market except with permission of the Market Manager or his agent. 

(Filed in the office of the Secretary of State March 31, 1958.) 
Section XXXII. The Market Man^eer shsU Viave <-he authority to remove from the 
Market any pro-duct that falls in the following categories: 

91 



Code Of Laws op South CaroIvIna 

(a) Loads or lots of watermelons that, on inspection, have in excess of 10% im- 
maturity and/or whitehearts. 

(b) Loads or lots of cantaloupes that, on inspection, have in excess of 10% that 
are not fairly well-netted and mature, but not overripe, soft, wilted, or decayed. Canta- 
loupes must also meet soluble solids of not less than 8%. 

(c) Any fruits or vegetables that have serious grade defects in excess of 10% al- 
lowed under U. S. No. 2 grade. 

The seller will have the privilege of re-grading watermelons or cantaloupes or re- 
running fruits or vegetables in an attempt to put them back in grade. 

(Filed in the office of the Secretary of State May 15, 1959.) 
Section XXXIII. Lease contracts that all wholesale tenants have on the Market 

provide that the premises occupied by them are for the purpose of buying and selling 

farm produce and for no other purpose or use whatsoever. 

Hereafter it will be permissible for dealers occupying wholesale warehouse units 

to offer for sale in vending machines only coffee, soft drinks, candy, salted peanuts and 

nabs. No other article of merchandise may be sold unless prior approval for such sale 

is obtained from the Market Manager. 

Agriculture Commissioner. 

Adopted by the South Carolina Commissioner op Agriculture. 

Eggs. 

Farm Milk Tanks. 

Feedstuffs. 

Frozen Desserts. 

Milk. 

Noxious Weeds and Plants. 

Rice Enrichment. 

Seeds. 

Warehouse Division or Warehouse System. 

Weights and Measures. 

EGGS. 

Pursuant to § 66-627, this supplement [§ 7 of Act No. 223 of 1955, p. 316]. 

(Filed in the office of the Secretary of State August 6, 1955.) 

Regulation 1. 
Producers. As defined in the Act (Section 2), "Producer" means a person selling 
no eggs other than those eggs produced by his own flock. Section 6 of the Act exempts 
the producer from the provisions of this Act. 

Regulation 2. 
Sale of Eggs. It shall be considered that eggs are being offered for sale when housed 
within any wholesale or retail place of business or on or alongside any unloading platform 
in South Carolina or when any truck or other carrier of eggs comes to rest within the 
State of South Carolina. 

Regulation 3. 
Transfer of Eggs. No eggs shall be transferred from one wholesaler or retailer *.o 
another unless such eggs are accompanied by an invoice showing origin, grade and size 
of eggs so transferred. If ungraded, it must be so shown on invoice. 

Regulation 4. 
Obtaining License. All wholesalers and retailers who may desire to sell or offer 
eggs for sale in the State of South Carolina shall obtain a license from the Commissioner 
of Agriculture. The Commissioner of Agriculture shall furnish applicant with a license 
which the dealer shall display at all times, in the place of business. 

Regulation 5. 
Records. Wholesalers must keep a record of their purchases, sales and deliveries of 
eggs for a period of not less than sixty days. Invoices must show grade, size and origin. 
If ungraded, it must be so shown on invoice. 

Regulation 6. 
Records. Retailers must keep a record of their purchases of eggs for a period of not 
less than sixty days. Invoices must show grade, size and origin. If ungraded, it must be 
shown on invoice. 

92 



RuLDs AND Regulations 

Regulation 7. 
Access to Inspect Stocks and Records. The Commissioner of Agriculture or his 
authorized representatives, shall have the authority, right and privilege to enter during 
regular hours of business the place of any wholesaler, retailer, warehouse, cold storage 
house, or other storage places, trucks or carriers where eggs are stored, and inspect and 
candle any eggs therein; and shall have the right and privilege to demand access to and 
inspect all books, records and invoices, that, in their judgment would enable them to 
make a more accurate examination or inspection of eggs. 

Regulation 8. 
Standards Versus Grades. The word "Standard" refers to the quality specifications 
for a single egg. A group of these standards is combined to make a Grade. The^ word 
"Grade" applies to a lot of eggs, such as a dozen, case or carlot. The determination as 
to eggs meeting grade requirements shall be made by candling. 

Regulation 9. 

Weight Class. Weight of the egg must not be confused with the Grade of the egg. 
Weight class as designated by the terms Jumbo, Extra Large, Large, Medium, Small or 
Peewee, denotes the net minimum weight per individual egg (at rate per dozen), per 
dozen eggs or per 30 dozen eggs. 

Illustration. Grade A eggs may be in the Large weight class but eggs in the Large 
weight class are not necessarily Grade A eggs. 

Regulation 10. 

Weight of Eggs. Weight classes for South Carolina Consumer Grade. 

Minimum Minimum Minimum weight for 

net iveight net iveight individual eggs at 

Shell eggs Per dozen per 30 dozens rate per dozen 

Ounces Pounds Ounces 

Jumbo 30 50 29 

Extra Large 27 SOJ^ 26 

Large 24 45 23 

Medium 21 39i^ 20 

Small 18 34 17 

Peewee 15 28 — 

Regulation 11. 
Eggs Must be Designated, (a) AH eggs offered for sale as designated in Section 
(4) of the law shall be graded as to weight and standards except those designated and 
sold as "Ungraded." Provided, any retailer may offer eggs for sale at retail in open cases, 
boxes or baskets without designating the grade or size thereon when they are purchased 
directly from producers. 

(b) Any retailer offering eggs for sale, direct from South Carolina producers, in open 
cases, boxes or baskets without designation, must mark such display of eggs as PRO- 
DUCER EGGS. 

(c) Any retailer offering eggs for sale, from other than South Carolina producers, 
in open cases, boxes or baskets without designation, must mark such display of eggs as 
SHIPPED PRODUCER EGGS. 

Regulation 12. 

South Carolina standards for quality of individual shell eggs. Interior egg quality 
specifications for these standards are based on the apparent condition of the interior con- 
tents of the egg as it is twirled before the candling light. Any type or make of candling 
light may be used that will enable the particular grader to make consistently accurate 
determinations of the interior quality of shell eggs. It is desirable to break out an occa- 
sional egg and, by use of the USDA color chart "Interior Quality of Eggs," compare 
the broken-out and candled appearance, thereby aiding in correlating candled and broken- 
out appearance. 

AA Quality. The shell must be clean, unbroken, and practically normal. The air 
cell must not exceed 5^ in. in depth and be practically regular. The white must be clear 
and firm so that the yolk appears well-centered and its outline only slightly defined when 
the egg is twirled before the candling light. The yolk must be free from apparent defects. 

A Quality. The shell must be clean, unbroken, and practically normal. The air cell 
must not exceed 2/8 in. in depth and must be practically regular. The white must be 
clear and at least reasonably firm so that the yolk appears at least fairly well-centered 
and its outline only fairly well defined when the egq: is twirled before the candling light. 
The yolk must be practically free from apparent defect. 

Q-j Volume 7 



Code of Laws of South Carolina 

B Quality. The shell must be unbroken and may be slightly abnormal and may 
show sliglu stains but no adlicring dirt, provided, that they do not appreciably detract 
from the appearance of the egg. When the stain is localized, approximately 1/32 of the 
shell surlace may be slightly stained, and when the slightly stained areas are scattered, 
approximately 1/16 of the slicU surface may be sliglitly stained. The air cell must not 
exceed Yg, in. in depth, may show uiihniited movement, and may be free but not bubbly. 
The white must be clear and may be slightly weak so tliat the yolk may appear off-center, 
with its outline well-dehiied when tiie egg is twirled before the candlmg light. The yolk 
may appear slightly enlarged or slightly tlattened and may show other dehnite, but not 
serious defects. 

C Quality. The shell must be unbroken and may be abnormal and may have slight 
to moderate stained areas covering not more than J4 of the shell surface, but no adher- 
ing dirt. Prominent stains are not permitted. The air cell may be over y^ in. in depth 
and be free or bulibly. The white may be weak or watery so that the yolk may appear 
off-center and its outline plainly visible when the egg is twirled before the candling light. 
The yolk may appear dark, enlarged, and flattened, and may show clearly visible germ 
development but no blood due to such development. It may show other serious defect* 
that do not render the egg inedible. Small blood clots or spots may be present. 

Dirty. The shell must be unbroken and it has adhering dirt or prominent stains, 
or slight to moderate stains covering more than % of the shell surface. 

Check. An individual egg that has a broken shell or crack in the shell but with its 
shell membranes intact and its contents do not leak. 

Leaker. An individual egg that has a crack or break in the shell and shell mem- 
branes to the extent that tlie egg contents are exuding or free to exude through the 
shell. An egg which has a portion of the siiell missing (in excess of an area J4 in- 
square) is considered a leaker even though the shell membrane is intact. 

Terms Descriptive of Shell 

(a) Clean. A shell that is free from foreign material and from stains or discolora- 
tions that are readily visible. An egg may be considered clean if it has only very small 
specks or stains, if such specks or stains are not of sufficient number or intensity to de- 
tract from the generally clean appearance of the egg. Eggs that show traces of processing 
oil on the shell are considered clean unless otherwise soiled. 

(b) Dirty. A shell which has dirt adhering to its surface or which has prominent 
stains or slight to moderate stains covering more than % oi the shell surface. 

(c) Practically Normal. A shell that approximates the usual shape and that is of 
good even texture and strength and is free from rough areas or thin spots. Slight ridges 
and rough areas that do not materially affect the shape, texture, and strength of the 
shell are permitted. 

(d) Slightly Abnormal. A shell that may be somewhat unusual in shape or that may 
be slightly faulty in texture or strength. It may show definite ridges but no pronounced 
thin spots or rough areas. 

(e) Abnormal. A shell that may be decidedly misshapen or faulty in texture or 
strength or that may show pronounced ridges, thin spots, or rough areas. 

Terms Descriptive of the Air Cell 

(a) Depth of Air Cell. The air space between siiell membranes, normally in the 
large end of the egg. The depth of the air cell is the distance from its top to its bottom 
when the egg is held air cell upward. 

(b) Practically regular. An air cell that maintains a practically fixed position in the 
egg and shows a fairly even outline with not more than 2/8 in. movement in any direc- 
tion as the egg is rotated. 

(c) Free Air Cell. An Air cell that moves freely toward the uppermost point in the 
egg as the egg is rotated slowly. 

(d) Bubbly Air Cell. A ruptured air cell resulting in one or more small separate air 
bubbles usually floating beneath the main air cell. 

Terms Descriptive of the White 

(a) Clear. A white that is free from discolorations or from any foreign bodies float- 
ing in it. ( Prominent chalazas should not be confused with foreign bodies such as spots 
or blood clots.) 

(b) Firm. A vshite that is sufficiently tliick or viscous to permit but limited move- 
ment of the jolk from the center of tlic egg, tlius preventing the yolk outline from being 
more than slightly defined or indistinctly indicated when the egg is twirled. 

94 



RUI,SS AND REGULATIONS ' '' 

(c) Reasonably Firm. A white that is somewhat less thick or viscous than a firm 
white. A reasonably firm white permits the yolk to move somewhat more freely from 
its normal position in the center of the egg and approach the shell more closely. This 
would result in a fairly well defined yolk outline when the egg is twirled. 

(d) Slightly Weak. A white that is lacking in thickness or viscosity to an extent 
that permits the yolk to move quite freely from its normal position in the center of the 
egg. A slightly weak white will cause the yolk outline to appear well defined when the 
egg is twirled. 

(e) Weak and Watery. A white that is thin and generally lacking in viscosity. A 
weak and watery white permits the yolk to move freely from the center of the egg and 
to approach the shell closely, thus causing the yolk outline to appear plainly visible and 
dark when the egg is twirled. 

(f) Blood Clots and Spots. Not due to germ development. Blood clots or spots on 
the surface of the yolk or floating in the white. These blood clots may have lost their 
characteristic red color and appear as small spots or foreign material commonly re- 
ferred to as meat spots. If they are small (aggregating not more than Va in. in diameter), 
the egg may be classed as "C Quality." If larger, or showing diffusion of blood in the 
white surrounding them, the egg shall be classified as loss. 

(g) Bloody White. An egg, the white of which has blood diffused through it. Such 
a condition may be present in new-laid eggs. Eggs with bloody whites are classed as 
loss. 

Terms Descriptive of the Yolk 

(a) Well Centered. A yolk that occupies the center of the egg and moves only 
slightly from that position as the egg is twirled. 

(b) Fairly Well Centered. A yolk that is not more than one-fourth of the distance 
from its normal central position toward the ends of the egg and swings not more than 
one-half of the distance from its normal position toward the sides of the egg as it is 
twirled. 

(c) Off Center. A yolk which is distinctly above or below center and swings close 
to the sides of the egg as it is twirled. 

(d) Outline Slightly Defined. A yolk outline that is indistinctly indicated and ap- 
pears to blond into the surrounding white as the egg is twirled. 

(e) Outline Fairly Well Defined. A yolk outline that is discernible but not clearly 
outlined as the egg is twirled. 

(f) Outline Well Defined. A yolk outline that is quite definite and distinct as the 
egg is twirled. 

(g) Outline Plainly Visible. A yolk outline that is clearly visible as a dark shadow 
when the egg is twirled. 

(h) Slightly Enlarged and Slightly Flattened. A yolk in which the yolk membranes 
and tissues have weakened somewhat causing it to appear slightly enlarged and slightly 
flattened. 

(i) Enlarged and Flattened. A yolk in which the yolk membranes and tissues have 
weakened and moisture has been absorbed from the white to such an extent that it appears 
definitely enlarged and flat. 

(j) Free from Defects. A yolk that shows no spots or areas on its surface indicating 
the presence of germ development or other defects. 

(k) Practically Free From Defects. A yolk that shows no germ development but 
may show other very slight defects on its surface. 

(1) Definite but Not Serious Defects. A yolk that may show definite spots or areas 
on its surface but with only slight indication of germ development or other pronounced 
or serious defects. 

(m) Other Serious Defects. A yolk that shows well developed spots or areas and 
other serious defects, such as olive yolks, which do not render the egg inedible. 

(n) Clearly Visible Germ Development. A development of the germ spot on the 
yolk of a fertile egg that has progressed to a point where it is plainly visible as a definite 
circular area or spot wi*h no blood in evidence. 

Co) Blood Due to Germ Development. Blood caused by development of the germ 
in a fertile egg to the point where it is visible as definite lines or as a blood ring. Such 
an egg is classified as inedible. 

General Terms 

(a) Loss. An egg that is inedible, smashed, or broken so that contents are leaking, 
cooked, frozen, contaminated, or containing bloody whites, large blood spots, large un- 
sightlv meat spots, or other foreign material. 

(b) Inedible Eggs. Eggs of the following descriptions are classed as inedible: black 
rots, white rots, mixed rots (addled eggs), sour eggs, eggs with green whites, eggs with 

95 



CoDB OF Laws of South Carouna 

stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, eggs containing embryo 
chicks (at or beyond the blood ring stage) and any eggs that are adulterated as such 
term is defined pursuant to the Federal Food, Drug, and Cosmetic Act. 

Regulation 13. 

In accordance with the Act, eggs can be sold, ofiFered for sale or advertised under 
the following grades : 

South Carolina Consiuner Grades for Shell Eggs 

(a) Consumer Grade AA shall consist of eggs of which at least 80 per cent are AA 
Quality. Within the maximum tolerance of 20 per cent, which may be below AA Quality, 
not more than 5 per cent may be of the qualities below A, in any combination, but not 
including Dirties and Leakers. 

(b) Consumer Grade A shall consist of eggs of which at least 80 per cent are A 
Quality or better. Within the maximum tolerance of 20 per cent which may be below 
A Quality, not more than 5 per cent may be of the qualities below B, in any combination 
but not including Dirties and Leakers. 

(c) Consimier Grade B shall consist of eggs of which at least 80 per cent are B 
Quality or better. Within the maximum tolerance of 20 per cent which may be below 
B Quality, 10 per cent may be C Quality and not over 10 per cent may be Dirties or 
Checks in any combination. 

(d) Consumer Grade C shall consist of eggs of which at least 80 per cent are C 
Quality or better, and the balance may be Dirties or Checks in any combination. 

(e) Consimier Ungraded Eggs shall consist of edible eggs that are not classified and 
segregated for quality and weight according to the standards, grades and weights an- 
nounced in these rules and regulations. 

Regulation 14. 
Ungraded eggs. All eggs not meeting the requirements of Consumer Grades in the 
Regulations and all eggs which have not been graded, or lots of eggs containing more 
than one grade must be labeled, advertised and sold as "ungraded." 

Regrulation 15. 
When eggs are offered or exposed for sale at retail in open cases, boxes or other 
containers from which eggs are sold in bulk to consumers, the minimum size of the 
placard shall be not less than 8J/2 x 5^ inches and shall be substantially in the form: 

Sample 

South Carolina South Carolina South Carolina 

Grade A Producer Ungraded 

Large Eggs Eggs Eggs 



Shipped Shipped Shipped 

Grade A Producer Ungraded 

Eggs Eggs Eggs 

Letters — Origin (South Carolina or Shipped) — Not less than one inch. 

Grade and Weight Class: Not less than three-fourths inch. 

Regulation 16. 
Packing, marketing and labeling. Every case (30 dozen) or partial case containing 
eggs offered, exposed, or packed for sale, or transported for sale within the State by any 
person (other than producer), firm, company or organization shall bear a label not less 
than 814 x 5% inches, on one end of case, conspicuously displaying in plain words and 
figures the following: 

1. Origin (Shipped or South Carolina) 

2. Grade (Grade AA, A, B, C, or Ungraded) 

3. Minimum Size (Jumbo, Extra Large, Large, Medium, Small or Peewee) 

4. Name and address of packer. Date packed. 



96 



RuivEs AND Regulations 

Sample Wholesaler Label 
Sire: Not less than 8J4 x 5J4 inches. 

SOUTH CAROLINA OR SHIPPED 

EGGS 

GRADE A 

LARGE 

LICENSE No DATE PACKED 

SOUTH CAROLINA STORES. INC. 
COLUMBIA, S. C. 
Letters — Origin (South Carolina or Shipped) — Not less than % in. 
Eggs, Grade and Weight Class — Not less than 54 in- 
License Number, Date Packed, Packer Name — Not less than 54 in- 

Regulation 17. 
Cartons. Eggs offered or exposed for sale in cartons, bags or other containers shall 
be plainly marked on carton, bag or container the size and grade and origin. Letter should 
not be less than ^ inch in height. If eggs are ungraded the cartons, bags or other con- 
tainers must be marked "Ungraded." If cartons or other containers can be divided to sell 
a part of a dozen the complete marking shall be on each division of the container. 

Regulation 18. 
Advertising eggs. Advertising in the newspapers and periodicals shall observe the 
following rules: show the origin, the grade and size to which the eggs belong. No abbre- 
viation for grade, size or origin shall be permitted. Window, showcase, radio, handbill 
or other forms of advertising, shall plainly and definitely convey all information about 
eggs required in the above regulation governing newspaper advertising. Words or phrases 
tending to becloud or nullify the proper classification of eggs shall not be permitted. No 
statement, picture or advertising of any kind which exaggerates, exceeds or distorts the 
facts concerning the eggs shall be permitted. 

Regulation 19. 
Shipped eggs. Any eggs sold or offered for sale in South Carolina, that are not 

produced in the State of South Carolina must be labeled "shipped eggs." 

Regulation 20. 

Inedible eggs. No person shall sell, offer or expose for sale, for human consumption 
eggs that are inedible. 

Regulation 21. 

Refrigeration in retail markets. Packers shall be responsible for the quality of eggs 
for five (5) days after delivery to retail markets provided the retailer places the eggs in 
adequate refrigeration and retains them continuously under adequate refrigeration. This 
responsibility is reduced to two (2) days, however, if eggs are not refrigerated at all 
times. 

Note: Adequate refrigeration means any type of artificial refrigeration with con- 
trolled temperature and humidity, and which is in sanitary condition and free from ob- 
jectionable odors. The most favorable temperature is SO to 55 degrees Fahrenheit, with 
humidity of 75 to 85 per cent. 

FARM MILK TANKS. 
Pursuant to § 66-163, S. C. Code of 1952. 
(Filed in the office of the Secretary of State September 12, 1956.) 
Repealed September 2, 1959. 
Cross reference. — See now Weights and 
Measures under Agriculture Commissioner. 

FEEDSTUFFS. 

Pursuant to § 3-608, S. C. Code of 1952. 
(Filed in the office of the Secretary of State March 2, 1954.) 
3. Adulterants. 

Feeds cannot be adulterated with substances of little or no feed value, such as noxioui 
weed seeds, rice straw, humus, spaghum moss, ground cocoanut shell, peat, damaged or moldj 
^ain, sawdust sweepings, dirt or any worthless or damaged ingredient. 
18. 
Repealed by action filed in office of Secretary of State March 11, 1957. 

97 



Code OF' Laws of South Caroi^ina 

FROZEN DESSERTS. 

Pursuant to § 32-1710, S. C. Code of 1952. 

(Filed Secretary of State's office July 10, 1953.) 

All manufacturers of Frozen Desserts obtaining a license from the Department of Agri- 

calture shall post such license in a conspicuous place in their manufacturing establishment lO 

as to be easily read by the public 

MILK. 

Pursuant to § 32-160^.7. S. C. Code of 1952. 

Butterfat Content and Weight of Milk Law. 

(Filed in the office of the Secretary of State June 22, 1960.) 

The following Rules and Regulations are established and promulgated in regard to 

the enforcement of the Butterfat Content and Weight of Milk Law, Title 32, Chapter 12, 

Article 1.1, Code of Laws of South Carolina, 1952, in lieu of the rules and regulations 

now in effect: 

1. Tests: 

1.1. The Babcock Test is declared the official method to be used in compliance with 
this act. One modification is permitted but not required. Nine milliliters of a 50% 
quaternary ammonium compound preparation may be added to each liter of the sulfuric 
acid regularly used. 

1.2. The text, "Techniques of Dairy Plant Testing", by E. F. Goss, published by, and 
obtainable from, the Iowa State College Press, Ames, Iowa, must be used as the guide 
in making this test. 

1.3. A record of each test or each group of tests must be dated and recorded by the 
licensed tester. Records must be kept on file for at least six months. 

1.4. Preserved composite samples that show mold growth, evidence of churning or 
other signs of improper care during the sampling period must not be used for testing. In 
such cases the last test of the patron or the average of the last three tests, whichever is 
highest, shall be used as a basis for payment. 

2. Weighing: 

2.1. Scales must always be properly balanced, kept in good working condition, and 
easily readable. All measuring and weighing equipment used in the plant must comply 
with the requirements of the South Carolina Weights and Measures Law. 

2.2. The weight of milk and/or cream must be recorded before emptying the weigh 
tank. 

3. Equipment and Supplies: 

3.1. All glassware, equipment and supplies for Babcock testing must meet the U. S. 
Bureau of Standards specifications as outlined in the appendix of "Techniques of Dairy 
Plant Testing" by E. F. Goss. 

4. Sampling Milk and Cream: 

4.1. Milk and/or cream to be tested must be thoroughly mixed before sampling. 

4.2. When daily tests of each delivery are made, the sample must contain not less 
than 60 milliliters of milk and/or cream. The remaining portion of the daily sample must 
be held at least 24 hours under refrigeration and in condition for retesting. 

4.3. Unless daily tests are made, composite samples are required. Composite samples 
must consist of aliquot (proportional) parts of milk of several deliveries from the same 
patron, kept by the use of a preservative. In no case shall the aliquot be less than 10 
milliliters from each delivery. 

4.4. Preserved composite milk samples must be stored during sampling period in a 
cabinet or some other storage place that is refrigerated to maintain a temperature at 
35 to 45 degrees Farenheit. It will be the responsibility of the licensed sampler to keep 
unauthorized persons from tampering with the samples. 

4.5. Composite samples shall consist of and contain the milk from seven days pro- 
duction if the pay period is seven days, ten days production if the pay period is ten 
days, and fifteen days production if the pay period is semi-monthly. In the case of ten and 
fifteen day periods the last period of each month may be adjusted from eight to eleven 
days and 13 to 16 days respectively, depending on the number of days in the month. No 
exceptions shall be made except in the case of milk deemed unfit for sampling as in the 
case of churning, oiling-ofi, and freezing, or in the case of rejected milk. It is recom- 
mended but not required that samples for compositing from two days production consist 

98 



RUI^KS AND ReGUI^ATIONS 

of twenty milliliters minimum rather than ten milliliters. When samples for compositing 
are taken from two days production, each pay period regardless of length, may be one day 
more or one day less than stated above. 

4.6. Composite samples to be tested for milk fat must be tested not later than the 
third day after the end of the sampling period. Composite samples must be held under 
refrigeration and in condition for retesting for a maximum of 10 days beyond the end of 
the sampling period to permit check testing by inspectors. 

4.7. Composite samples, while being compiled, must be stored in the processing 
plant at all times. 

5. Sample Containers: 

5.1. Composite samples must be put in approved, airtight, round bottles which must be 
clean, dry, and free from cracks or chips. The sample bottles must have sloped shoulders 
with the neck not less than 1% inch in diameter and fitted with a tight rubber stopper 
permanently attached to the bottle. 

5.2. Composite milk sample bottles must be not less than 8 ounces in capacity and 
must be etched for proper identification. Each composite sample bottle must be clearly 
identified as to a patron's name or number. 

5.3. It is recommended that plastic sample bags be used for the sampling of bulk 
deliveries although composite bottles meeting the specifications and requirements under 
5.1 and 5.2 of this section may be used. If bottles are used they must be fitted with 
Mojonnier rubber closure M427 rather than a regular stopper. Plastic bags and bottles 
must be iced from the time they are picked up until arriving at the processing plant. 
When bottles are used they should be carried in a suitable rack that will keep them 
upright in ice water and a drain should be provided in the truck's sample compartment to 
prevent the accumulation of ice water. 

5.4. Only a licensed sampler or tester shall properly mix single bulk tank samples 
from producers before adding the required amount to the composite sample bottle in the 
processing plant. 

6.0. All rules and regulations heretofore passed by the department which are in con- 
flict therewith are hereby repealed. 

These rules and regulations shall become effective on July 1, 1960. 

NOXIOUS WEEDS AND PLANTS 

Pursuant to § 3-448, this supplement [Act 1132 of 1956, p. 2972]. 
(Filed in the office of the Secretary of State July 12, 1956.) 
Regulation No. 1. The following plants are declared noxious: 

(1) Water Hyacinth — Eichhornia crassipes. 

(2) Alligator Weed, Pig Weed — Alternanthera philoxeroides. 

(3) Water Chestnut, Water nut — Trapa natans. 

OIL AND GASOLINE INSPECTION 
2. Standard for kerosene. 

Applied in Fleming v. Arkansas Fuel 
Oil Company, 231 S. C. 42, 97 S. E. 2d 
76 (1957). 

RICE ENRICHMENT 

Pursuant to §§ 32-1563 and 32-1569, this supplement [§ 4(a) of Act No. 653 of 1956, 

p. 1630]. 
(Filed in the office of the Secretary of State March 19, 1956.) 

1. Rice which is coated with talc and glucose shall be placed into the class of "Bulk 
Rice" regardless of the size or type of package used, thus requiring the enrichment in- 
gredients to be rinse-resistant. 

2. Millers are hereby authorized to judge for themselves whether their brand is to 
the "Rice" class or "Bulk Rice" class as set forth in Section 2(e) of the Act. If the Com- 
missioner finds this privilege abused, he will rescind this phase of the regulation and 
direct the mill to market a cleaner rice or enrich it by a method which gives rinse- 
resistance to the enrichment ingredients. 

3. Labeling. 

(Regulation 3 as amended filed in the office of the Secretary of State November 20, 1958.) 

(a) All containers such as cloth, paper, or cellophane bags, cartons or boxes, and 

other containers for enriched rice must be labeled in accordance with the appropriate 

99 



Code of Laws of South Carolina 

Federal Agency's regulations for foods for special dietary uses so as to carry informa- 
tion as to the minimum daily requirements of required ingredients for adults. 

In addition, the label statement, "To retain vitamins do not rinse before or drain after 
cooking" shall appear immediately preceding or following the name of the food and in 
letters not less than one-fourth the point size of type used for printing the name of the 
food (but in no case less than 8-point type). The label shall bear no cooking directions 
calling for washing or draining. 

(1) "Bulk rice" shall be conspicuously labeled "Do not drain after cooking" even 
though the product meets the specified rinse test. 

(2) Precooked rice, packaged in consumer packages which are conspicuously and 
prominently labeled with directions for preparation which, if followed, will avoid wash- 
ing away or draining off enriching ingredients, shall not be required to bear this statement. 

Specimen wording of the label submitted below contains the above information, and 
either these, or similar ones, are acceptable: 



ENRICHED RICE 
To retain vitamins do not rinse before or drain after cooking. 

Four ounces of enriched rice supply not less than the following proportions 
of the adult minimum daily requirements for these essential food substances- Thia- 
mine 50%; Niacin 40%; and Iron 33%. 



Optional ingredients calcium and riboflavin are not required, but if either or both are 
used, the label must contain either or both statements as in the sample below: 

"Four ounches of enriched rice supply not less than the following proportions of 
the adult minimum daily requirements for these essential food substances- Thiamine 
50%; Riboflavin 25%; Niacin 40%; Iron 33%; and Calcium ZZ%. 

(b) The use of the optional ingredient Riboflavin in any method of enrichment 
which will produce obvious yellow spots in rice cooked by the customary steamer ab- 
sorption method is not permitted. 

(c) While there is no objection whatsoever to printing recipes on the package, none 
shall render meaningless other required labeling by use of an excess of water, draining 
or rinsing. ' 

(d) Auxiliary shipping containers enclosing packages which individually conform 
to the requirements of this Act are exempted from labeling requirements in these regu- 
lations. 

4. For purposes of testing to determine conformance with the provisions of this Act, 
enriched rice shall be tested in accordance with official methods of the Association of 
Official Agricultural Chemists. 

5. Dealers or other commercial secondary processors purchasing rice non-enriched 
shall prepare an approved certificate, in triplicate. This certificate must be approved by 
the Commissioner — one copy to be furnished his office, the other copy to be retained by 
the purchaser, andthe original to be furnished the supplier of non-enriched rice. Said 
certificate may be in the form of a blanket certificate to cover all purchases from each 
supplier for an indefinite period of time, or a separate certificate may be furnished with 
each purchase order. The following form of certificate is suggested: 

"This is to certify that the rice purchased by me, or us, from you, is to be used 
solely in the_ production of enriched rice, or for shipment out of the State of South 
Carolina, or in the manufacture of legitimate products not covered by the provisions of 
the Rice Enrichment Act. This certificate is to remain in force until written notice of its 
cancellation." 

These regulations shall take effect July 1, 1956. 

r SEEDS. 

Pursuant to § 3-402, S. C. Code of 1952. 
(Regulations 1, 2, 3 and 4(a) as amended filed in the office of the Secretary of State 

March 15, 1956, except as otherwise stated. Regulation 1 again amended and filed 

January 29, 1959.) 
1. Standard for agricultural seeds. 

All agricultural seeds except crotalaria, Dallis grass, Centipede grass and Pensacola 
Bahia grass shall have a standard germination of 75%. Agricultural seeds showing a germ- 

100 



Rule;s and Regulations 

ination less than 75% and above 49% shall be marked "Below Standard in Germination", 
and agricultural seeds showing less than 50% germination cannot be sold for planting 
purposes in South Carolina. Hard seed of legumes may be included in the percentage of 
these standards. 

Exception: 

(a) The germination standard for crotalaria shall be 65%. Crotalaria showing less 
than 65% and above 39% in germination must be labeled "Below Standard in Germina- 
tion". Crotalaria showing less than 40% germination cannot be sold in South Carolina. 
Hard seed of crotalaria may be included in the percentage of these standards. 

(b) The germination standard for Dallis grass, Centipede grass and Pensacola Bahia 
grass shall be 60%. Dallis grass, Centipede grass and Pensacola Bahia grass showing 
less than 60% and above 39% in germination must be labeled "Below Standard in Germi- 
nation". Dallis grass. Centipede grass and Pensacola Bahia grass showing less than 40% 
germination cannot be sold in South Carolina. 

2. Noxious weeds. 

(Filed in the office of the Secretary of State August 23, 1956, [effective 9-15-56], 
Sept. 17, 1956, [efifective 10-15-56] and January 29, 1959.) 

Noxious weeds shall be seeds or bulbs of the following: 

Single 
Limitations 

Bindweed, Field Convolvulus Arvensis Prohibited 

Bindweed, Hedge Convolvulus, Sepium Prohibited 

Blessed Thistle Cnicus Benedictus 27 per lb. 

Blue Weed Helianthus Ciliaris 200 per lb. 

Bermuda Grass Cynodon Dactylon 300 per lb. 

Bracted Plantain Plantago Aristata 300 per lb. 

Buckhorn Plantain Plantago Lanceolata 300 per lb. 

Canada Thistle Cirsium Arvense 100 per lb. 

Cheats or Chess Bromus, Secalinus and/or Commutatus 300 per lb. 

Corn Cockle Agrostemma Githago 300 per lb. 

Darnel Lolium Temulentum 300 per lb. 

Docks Rumex Spp 300 per lb. 

Dodders Ciiscuta Spp 100 per lb. 

Horsenettle Solanum CaroHnese 300 per lb. 

Johnson Grass Sorghum Halepense 50 per lb. 

Nightshade Solanum Hlaegnifolium 300 per lb. 

Nut Grass Cyperus Rotundus Prohibited 

Perennipl Sweet-Type Sudangrass SO per lb. 

Ouack Grass Aeropvron Renens 100 per lb. 

Red Rice Orv/a' Sativa Var 300 per lb. 

Russian Knapweed Centaurea Picris 100 per lb. 

Sandbur Cenchrus Pauciflorus 27 per lb. 

Sheen Sorrel Rumex Acetosella 300 per lb. 

Sorphum Alum 50 per lb, 

Sorgrrass 50 per lb, 

WiH Mustard and/or 

Tiirnins Brassica Snp 50 per lb. 

WiM Oats Av^na Fa+ua 50 per lb. 

Wild Onions Allium Spp 27 per lb. 

Wild Radish Ranhanus Raphanistrum 50 per lb. 

Witchweed Strip-a Asiatica Prohibited 

The sincrle limitation listed above is the maximum number allowable for that weed 
with not over 300 total noxious weed seeds singly or collectively in any combination. 

The rate of orrurrence of all noxious weeds present shall be listed on the tag or label 
in name and number per pound of seed. 

3. Prohibited. 

Aprimlttiral seeds will be nrohibited from sale when such seeds contain more than 
two (2) percent by weight of all weed seed. 

4. Standard germination for vegetable seeds. 

(Filed in the office of the Secretary of State August 23. 1956. fefiFective 9-15-56].") 
Ca) All vegetable seeds shall show the percentaee of G^ermination and the minimum 
for "Standard Germination" for vegetable seeds shall be as follows: 



Code op Laws of South Caroi^ina 



Kind Percentage 

Artichokes 60% 

Asparagus 70% 

Beans, Asparagus 75% 

Beans, garden (varieties other than 
Rival, Topcrop, Logan, Improved 
Tendergreen, King Green, Proces- 
sor, Ranger, Siniinole, Tenderbest, 
Tenderlong 15, Topmost, Wade, 
White Seeded Tendergreen, and 

Hyscore) _. ._ 75% 

Beans, garden (varieties, Rival, Top- 
crop, Logan, Improved Tender- 
green, King Queen, Processor, 
Ranger, Siminole, Tenderbest, 
Tenderlong 15, Topmost, Wade, 
White seeded Tendergreen, and 

Hyscore) 70% 

Beans, Lima 70% 

Beans, Runner 75% 

Beets 65% 

Broccoli 75% 

Brussels Sprouts 70% 

Cabbage 75% 

Cardoon 60% 

Carrots 55% 

Cauliflower 75% 

Celery or Celeric 55% 

Chicory 65% 

Citron 65% 

Collards 80% 

Corn, sweet 75% 

Cowpeas, Crowder 75% 

Cress, garden 60% 

Cress, water 40% 



Kind Percentagt 

Cucumber 80% 

Dandelion 45% 

Eggplant 60% 

Endive 70% 

Fetticus (corn salad) 70% 

Kale 75% 

Kohlrabi 75% 

Leek 60% 

Lettuce 80% 

Muskmellon 75% 

Mustard 75% 

Okra 50% 

Onion 70% 

Pak-Choi 75% 

Parsley 60% 

Parsnip 60% 

Peas, garden 80% 

Pepper 55% 

Pe-Tsai 75% 

Pumpkin 75% 

Radish 75% 

Rhubarb 60% 

Rutabaga 75% 

Salsify 75% 

Sorrel 60% 

Spinach (except N. Z.) 60% 

Spinach, N. Z 40% 

Squash 75% 

Swiss Chard 65% 

Tomato 75% 

Tomato, husk 50% 

Turnip 80% 

Watermelon 70% 



WAREHOUSE DIVISION OR WAREHOUSE SYSTEM. 

Pursuant to § 69-104, S. C. Code, 1952. 
(Filed in the oflfice of the Secretary of State February 19, 1959.) 
All rules and regulations relating to the operation of the Warehouse Division or 
Warehouse System are hereby repealed and the following are promulgated: 

1. DEFINITIONS: 

(a) "Commissioner" means the South Carolina Commissioner of Agriculture. 

(b) "Inspector" means the field representative duly appointed by the Commissioner 
and bonded for faithful performance of duty. 

(c) "Manager" means the person appointed by the Commissioner to operate a ware- 
house unit. 

(d) "Ozvner" shall mean the individual, partnership or corporation which made ap- 
plication to place warehouse in the State System. 

(e) "Warehouse" means an individual unit in the System. 

(f) "Non-perishable farm product" means any seed, grain, or other product of agri- 
cultural endeavor which by its nature and low moisture content may be stored in a 
conventional type warehouse for a period of at least twelve months without deteriorating, 
nor having been manufactured or processed in any way other than harvesting, thrashing, 
shelling, ginning, curing, drying and bagging, provided that this definition shall not 
apply to farm products processed by South Carolina canneries when same are offered 
for deposit by the grower or processor. Provided, further, that this definition shall not 
apply to livestock and poultry feeds when same comply with the South Carolina com- 
mercial feedstuff law, are properly bagged, tagged, and stacked and offered for deposit 
by the manufacturer. 

This definition makes ineligible for storage in any State Warehouse, such items as 
poultry, beef, pork, fish, shrimp, crab, oysters and products of the above mentioned items, 
regardless of whether the same is fresh, canned or frozen. 

This definition also makes ineligible for storage in any State Warehouse any feed- 
stuff ingredients other than those which strictly conform to the definition. 

102 



RUI^DS AND RDGUI^ATIONS 

(g) "Commodity" means: 

(1) Cotton. 

(2) "Non-perishable farm product" as defined by definition (f) or which may 
hereafter be included in this special definition. 

(3) Farm products processed by South Carolina canneries when same are of- 
fered for deposit by the grower or processor. 

(4) Livestock and poultry feeds as defined by definition (f). 

(5) Alcoholic liquors as defined by the South Carolina State Tax Commission. 

(6) Crates, cartons and canning supplies. (Item 6 filed May 21, 1959 in Secre- 
tary of State's office.) 

INSPECTORS: 

2. Districts arranged according to density of warehouses rather than by geographical 
lines shall be assigned to an adequate number of inspectors for the proper inspection of 
said warehouses and the commodities stored therein. 

3. Each inspector shall make a thorough study of the statutes, rules and regulations 
relating to the administration of State Warehouses. He shall also acquaint himself with 
the duties and responsibilities imposed on him by law. 

4. Each inspector shall inspect the warehouses in his district as often as he thinks 
necessary, but he shall inspect every warehouse at least once every three months. He 
shall promptly render a detailed written report of inspections, inventories and physical 
condition of same to the Director of the Warehouse Division who shall analyze it and re- 
port any discrepancies to the Commissioner. The Director shall keep a record of the in- 
spection dates of each warehouse which shall be available to the Commissioner at any 
time. 

5. When an inspector has reason to believe that the moisture content of grain on 
storage is too high for safe keeping, he shall take a sample of same and submit it to 
the Department of Agriculture laboratory for analysis and opinion. If in the opinion of 
the said laboratory, the moisture of said grain is too high for safe keeping, the inspector 
shall advise the manager of said warehouse to recall the receipts issued therefor and 
send them to the office of the Commissioner for cancUation. 

6. When an inspector has reason to believe that grain classified as seed does not 
come up to the standard required for such seed, he shall take a sample of same and sub- 
mit it to the Department of Agriculture laboratory for analysis and opinion. If, in the 
opinion of the said laboratory, the sample is below the standard for seed, the inspector 
shall advise the manager of said warehouse to recall the receipts issued therefor and 
send them to the office of the Commissioner for cancellation. 

7. When an application for license to operate a warehouse in the State System is 
received, it shall be referred to the appropriate inspector who shall, after investigation 
make a positive YES or NO recommendation to Commissioner in writing. He shall check 
then and regularly thereafter with local banks and other sources for information con- 
cerning the integrity, business experience and financial responsibility of the manager and 
owner. He shall constantly be alert to infractions by managers and immediately report 
in writing any violations to the Commissioner. 

8. No person shall be commissioned as the manager of any warehouse, until he shall 
have given bond prescribed by the Commissioner and shall have paid the required fee, 
which shall always be for at least one year in advance. 

9. No manager or agent shall receive for storage in any warehouse any commodity 
upon which any mortgage or lien exists unless the owner and holder of said mortgage 
or lien shall agree to the same in writing, or shall release the same from the eflfect of 
lien or mortgage for the purpose of storage; in such case the receipt for the commodity 
so stored shall be transferred in writing thereon to the owner and holder of the lien or 
mortgage by the owner of the commodity in the presence of manager or agent who 
shall sign such transfer as a witness before the delivery of said receipt. 

10. It shall be the duty of every manager appointed by the Commissioner to tag or 
properly mark every commodity stored in the warehouse he represents, so that the same 
can be easily identified. He shall see to it that same is properly weighed and graded. He 
shall fill out all the necessary receipts and enter same upon the books furnished him for 
this purpose. He shall forward a copy of same to the Commissioner by depositing same 
in his post office on the day the transaction is made. He shall furnish such other certifi- 
cates and proofs as to weighing and grading as the Commissioner shall require. 

11. The manager and owner of the warehouse must file their financial statements 
annually with the Commissioner. The statement must be filed on or before the first 
day of each year. 

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Code of Laws of South CaroIvIna 

12. In case of fire the manager must immediately notify the Commissioner. 

13. If authorized by agreement or custom, a manager may mingle fungible commod- 
ities of the same kind and grade. In such case the various depositors of the mingled com- 
modities shall own the entire mass in common and each depositor shall be entitled to 
such portion thereof as the amount deposited by him bears to the whole. The manager 
shall be severally liable to each depositor for the care and delivery of his share of such 
mass to the same extent and under the same circumstances as if the commodities had 
been kept separate. 

14. Commodities must be stored in such manner as will permit rapid and accurate 
count. Commodities in bags shall be clearly identified and of equal weight. Cartons shall 
be of uniform content quantity. Commodities in bulk shall be stored in bins of conven- 
ient size for measuring and calculation of quantity. No commodity shall be left lying 
in or around any warehouse in a promiscuous and careless manner. 

15. No person shall be allowed to loiter around any warehouse and as far as possible 
the manager shall prevent matches or fire lighting devices from being carried on the 
premises; and no fireworks of any kind shall be allowed about the warehouse, nor shall 
any intoxicated person be permitted on the grounds. 

16. All bills presented by the Commissioner shall be paid monthly. The bond of the 
manager and a lien against the goods on storage shall be responsible for the charges 
dating from the issuance of the receipt. 

17. No manager of any warehouse shall make partial delivery of commodities listed 
on a warehouse receipt. 

18. The manager appointed to represent the Commissioner at any warehouse storing 
cotton shall adopt the United States Government Standard of grades and staple to 
govern the grade and staple entered on each receipt and he shall be responsible for 
same; provided the grade and staple may be omitted from the receipt at the request of 
the depositor. 

19. It shall be the duty of the manager of every warehouse to look carefully after 
the physical condition of the house in which commodities evidenced by state receipts 
are stored so that none of the commodities will become damaged (by leaky roofs, by 
overflow of water or by excessive moisture, etc.). All managers will be held responsible 
for the condition, weight and grade of the commodity while in their charge and for 
delivery of same upon presentation of receipts. Provided, the weights shall not be guaran- 
teed against fluctuations arising from climatic conditions and the grades are subject to 
such changes as are effected by the nature of such product during the lapse of time. 

20. No manager shall allow a warehouse to remain open or doors unlocked except 
when receiving or delivering commodities from the warehouse and no person or persons 
shall have access to a warehouse except when accompanied by the manager. 

WAREHOUSES: 

21. No building shall be operated as a State Warehouse except upon a survey duly 
filled out by the person in charge of the same, showing the location, nearest post ofhce, 
the County and State, and giving the construction, size, approximate capacity, together 
with any exposures and the nature of same. 

22. No warehouse shall be operated as a State Warehouse until the same shall have 
been leased to the Commissioner in writing by the owner thereof, for a term of at least 
one year and for such further length of time as it shall be operated as a state warehouse. 
And the lease for same shall carry with it the right of the owner to such approaches as 
may be necessary for the operation of same as a warehouse both for ingress and egress. 
The lease will be recorded in the county in which the warehouse is located and the ware- 
house shall pay the recording charge. 

23. Every warehouseman shall file with the Commissioner a tariff of his charges to 
be made by the warehouse and the said tariff must be filed on or before September 1 
of each year. Any revision in the tariff must be filed with the Commissioner. 

24. Each warehouseman operating under these regulations and storing commodities 
for the public is required to have notice posted on the outside door of the warehouse 
showing the telephone number and address of the warehouseman when he is not in the 
warehouse. If the manager is out of town, then some responsible person should be desig- 
nated to transact business in his absence with notice thereof. 

25. Each warehouse must be equipped or have access to suitable scales approved by 
the Commissioner. The scales shall be inspected by the department. 

26. Cotton received direct from the gin shall be segregated from other cotton and 
kept outside the warehouse for at least forty-eight hours. 

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Rules and Regulations 

27. No warehouse shall be operated as a state warehouse except by the Commis< 
sioner or his duly appointed and commissioned manager; and no person shall be ap- 
pointed manager except upon written application for appointment and bond; said person 
must in addition furnish at least one indemnitor. 

28. Barrels of water and buckets for fire protection shall be carefully maintained. 
Sufficient "no smoking" signs shall be displayed and the premises generally shall be 
kept clean and free of trash and combustible matter so that the building and commodity 
stored therein shall be protected from outside fire. 

29. No commodity shall be moved from one warehouse to another without permis- 
sion of the Commissioner. 

RECEIPTS: 

30. All receipts for commodities stored in a state warehouse shall be made out with 
pen and ink or indelible pencil and shall be signed by the local manager with pen and 
ink, indelible pencil or with a mechanical device approved by the Commissioner. Same 
shall be forwarded to the Commissioner for investigation, approval and issuance. 

31. All receipts together with copies forwarded to the Commissioner for investiga- 
tion and issuance shall be accompanied in the same package or envelope by a daily report 
of the identical commodity covered by the receipts with a full description of same, and 
the totals fully carried out, and with the date and signature of the manager. 

32. No commodity shall be delivered from any warehouse until the receipt covering 
the same shall be presented to the manager of the warehouse and until all charges against 
the same shall have been paid and all receipts for commodities so delivered shall at once 
be forwarded by the manager to the Commissioner for cancellation, same being marked 
for such purpose. Provided, that in case of fire, salvage from said commodity may be 
released to representatives of authorized salvage companies representing the insurance 
company or Commodity Credit Corporation. 

33. Commodities which are attractive to rats and insects shall have written or stamped 
on the receipt issued therefor the following: "Not responsible for rattage or insect dam- 
age". Commodities which are classified as seed shall have written or stamped on the 
receipt issued therefor the following: "Germination and purity not guaranteed". Pro- 
vided, that this regulation shall not apply to receipts issued for commodities stored in 
elevators or warehouses approved as depositories for commodities eligible for United 
States Government loans. 

34. All commodities, except cotton, for which a receipt is issued must be called for 
within one year, all charges paid and the receipt cancelled. However, the manager may, 
in his discretion, accept for re-deposit the same commodities, issuing a new receipt for 
same. 

WEIGHTS AND MEASURES. 
Pursuant to § 66-163, S. C. Code of 1952. 
(Filed in the office of the Secretary of State September 2, 1959.) 
The specifications, tolerances, and regulations for commercial weighing and measuring 
devices, together with amendments thereto, as recommended by the National Bureau of 
Standards, and published in National Bureau of Standards Handbook 44 and supplements 
thereto, shall be the specifications, tolerances, and regulations for commercial weighing 
and measuring devices in the State of South Carolina; provided however that no provision 
of this regulation shall conflict with the laws of the State of South Carolina. 
To become effective on date of filing. 

A copy of the National Bureau of Standards Handbook 44 is filed in the office of 
Secretary of State. Those interested should refer to this copy. 



105 



Code of Laws op South Carolina 

Bank Control, State Board of. 

Adopted by South Carolina State Board of Bank Control. 
Buildings and Loan Associations. 
Loans on Forest Tracts by State Chartered Banks. 
Small Loan Companies. 

BUILDING AND LOAN ASSOCIATIONS. 

Promulgated under § 8-56, S. C. Code of 1952 
(Filed in the office of the Secretary of State December 11, 1959.) 

Regulation 4-Q 

Every State chartered building and loan or savings and loan association in the State 
shall set up a reserve account which shall be used solely for the purpose of absorbing 
losses. A copy of the resolution of the Board of Directors establishing this account shall 
be filed with the Chief Examiner of the Board of Bank Control. 

At the close of each fiscal year on or after July 1, 1959, this account shall be credited 
with an amount equal to at least 10% of the net income of the association for the year, or 
by the amount which the total of all reserves and undivided profits shall be less than 15% 
of all outstanding shares on that closing date, if that amount be less than 10% of net 
income. Provided, however, that any account already established pursuant to the Regula- 
tions of the Federal Savings and Loan Insurance Corporation and any additions to that 
reserve as required by the said Corporation shall satisfy the requirements of this 
regulation. 

Net income means gross income from all sources after deduction of operating ex- 
penses, including interest on notes payable and losses of every kind charged to income, 
rather than to Reserves and Undivided Profits, but before deduction of dividends to 
shareholders. 

LOANS ON FOREST TRACTS BY STATE CHARTERED BANKS. 

Regulation 4-P. 
Pursuant to § 8-56, S. C. Code of 1952. 
(Filed in the office of the Secretary of State September 14, 1956.) 
Any State chartered bank may make real estate loans secured by first liens upon forest 
tracts which are properly managed in all respects. Such loans shall be in the form of an obli- 
gation or obligations secured by mortgage or other such instrument ; and any State chartered 
bank may purchase any obligation so secured when the entire amount of such obligation is sold 
to the bank. The amount of any such loan shall not exceed 40 per centum of the appraised value 
of the economically marketable timber oflFered as security and the loan shall be made upon 
such terms and conditions as to assure that at no time shall the loan balance exceed 40 per 
centum of the orieinal appraised value of the economically marketable timber then remaining. 
No such loan shall be made for a longer term than two years : except that any such loan may 
be made for a term not longer than ten years if the loan is secured by an amortized morteage 
or other such instrument under the terms of which the installment payments are sufficient to 
amortize the principal of the loan within a period of not more than ten years and at a rate of at 
least 10 per centum per annum. 

No State chartered bank shall make forest-tract loans in an aggregate sum in excess of 50 
per centum of its capital stock paid in and unimpaired plus 50 per centum of its unimpaired 
surplus fund. 

Provided further, that the total amount of any such loan to any one person shall not exceed 
10% of the capital and surplus of any such bank, except that by approval, in writing, by two- 
thirds of the Directors of the bank, the amount may be extended to 15% of the bank's capital 
and surplus. 

In addition to the above, the general conditions of loans on forest tracts are as follows: 

1. The ohlisration evidencing the loan must be secured by a mortgage or other such 
instrument which is a first Hen upon a forest tract which is properly managed in all respects. 

2. The bank may purchase such obligation only if the entire amount is sold to the bank. 

3. The loan must not exceed 40% of the appraised value of the economically market- 
able timber offered as security, which means 40% of the value at the time the loan is 
made and not the value which it is estimated the timber will have at the time it is to be 
cut or at the maturity date of the loan. The loan balance may at no time exceed 40% of 
the original appraised value of the economically marketable timber then remaining, which 

106 



Rules and Rbgui^ations 

means that as the timber is cut at least a portion of the proceeds must be used toward 
payment of the loan if the maximum permissible loan were made at the outset. 

4. Forest tract loans may run for only two years, except that they may run for ten 
years if provision is made for amortization of at least lU7o per annum. 

5. The aggregate amount of forest tract loans which a bank may have outstanding 
may not exceed 5U% of the bank's capital and surplus. 

To further clarify the meaning of "properly managed", there is issued the following 
ruling: 

Proper forest management in all respects is the application of suitable and economi- 
cally sound forestry principles relating to protection, utilization and reproduction of 
forest tracts, and the following are indicative of such management: 

A. Organized protection against forest fires is provided by the State Forest Service 
or other protective public or private fire protection agencies. Such protection should 
include provision for prompt detection and suppression of forest fires, and where con- 
sidered necessary by local foresters presuppression measures such as construction of 
fire-breaks and fire roads. 

B. In cases where hazards from attack by insects or disease are unusually high, pro- 
tection is provided by an effective public or private organization, or existing roads and 
logging conditions are such as to make salvage of killed timber feasible. 

C. Any cutting conducted during the period of the loan is of such nature as to insure 
reproduction and continued growth of timber tracts. Where a borrower following the 
advice of a qualified person in timber marking for example, this would ordinarily indicate 
acceptable cutting practice. 

SMALL LOAN COMPANIES. 
Pursuant to § 8-56, S. C Code of 1952, and § 8-794.3, this supplement [Act No. 310 of 

1957, p. 339]. 

Regulation L 

(Filed in the office of the Secretary of State September 10, 1959.) 
Definition: Section 2(a) of Act 310 of 1957. Rule 1. 

"Person" shall include individuals, parnerships, associations and corporations through 
which business is conducted. 

Name of Manager: Section 3(a) of Act 310 of 1957. Rule 1. 

Name of the manager or other officer in charge of the licensed place of business must 
be filed with the Board of Bank Control and notice of any change in management promptly 
reported, giving the name of new manager, employment record for previous ten year 
period, with names and addresses of former employers, positions held, and dates covering 
each position. 

Sale of Stock: Section 3(a) of Act 310 of 1957, Rule 2. 

Any licensee licensed as a Corporation must notify the Board of Bank Control when 
there is a sale of a majority of the stock of the Corporation ten (10) days before the 
sale of such stock, giving the names of the new officers, directors and principal stock- 
holders purchasing the stock of the corporation. 

Bond: Section 3(b) of Act 310 of 1957, Rule 1. 

Bonds. The form and sufficiency of the bond required under the terms of the Act 
shall at all times be subject to the approval of the Board of Bank Control. In the event 
a bonding company is used as surety on such bond, the company must be licensed to do 
business in the State of South Carolina. In the event individual surety or sureties are 
used, the bond shall have as part and parcel thereof a certificate from the Clerk of Court 
or Register of Mesne Conveyance of the County of residence of the individual surety 
or sureties certifying that the said surety or sureties own sufficient real estate free of 
encumbrance to meet the obligations which may arise under the terms of the said bond. 

Definition of Community: Section 4(b) of Act 310 of 1957, Rule 1. 

The word "communiiy" as used in this section shall mean an incorporated city or 
town and any immediately contiguous trade area served primarily by such incorporated 
city or town. 

Cancellation of License: Section 7(a) of Act 310 of 1957, Rule 1. 
A licensee who has failed to pay the annual renewal license fee, as provided, shall 
have his license automatically cancelled. 

107 



Code OF' Laws of South Carolina 

Examination Fees: Section 8(a) of Act 310 of 1957, Rule 1. 

For each examination by the Board of Bank Control or its representative, with the 
exception of the first examination in the calendar year, a fee will be charged for the actual 
cos-t of such examination in the amount of twenty-five dollars ($25.00) for each day or 
part thereof. 

Books and Records: Section 9(a) of Act 310 of 1957, Rule 1. 

Books and records. Every licensee shall keep the following books and accounting 
records at the place of business designated in the license: 

(1) Loan Register: 

Every licensee must keep the following information readily available and in such form 
as is acceptable to the Board of Bank Control. Each loan must be recorded and kept 
currently posted daily in consecutive numerical order showing the following information. 
This could be individual looseleaf form, one book or a combination form. 

A. Loan number. 

B. Date of loan. 

C. Name of borrower. 

D. Brief description of security. 

E. Amount of Gross Note — $50.00 or less. 
Amount of Gross Note— $50.01 to $100.00. 
Amount of Gross Note— $100.01 to $200.00. 
Amount of Gross Note— $200.01 to $300.00. 
Amount of Gross Note— $300.01 to $500.00. 
Amount of Gross Note— $500.01 to $1,000.00. 
Amount of Gross Note— Over $1,000.01. 

(2) Account Record Card : 

A separate account record ledger sheet or card must be maintained for each loan made 
to any one borrower. Each account record card must be posted in ink or typewriter with 
no erasures in a clear and legible manner, with spaces provided for the following in- 
formation: 

A. Loan register number of loan. 

B. Date of loan. 

C. Name, address, marital status, date of birth and occupation of borrower. 

D. Brief description of security, if any. 

E. All charges itemized as follows: 

(1) Cash to borrower. 

(2) Insurance — Life. 
Insurance- — A & H. 
Insurance — Property. 

(3) Initial charge. 

(4) Interest. 

(5) Collection charge. 

(6) Others (Explain). 

F. Total amount of obligation, including all charges. 

G. Terms of repaying. 

H. All scheduled repayment dates listed on account record (if weekly). On a monthly 
contract, at least first month repayment date must appear. 

I. All payments recorded opposite scheduled repayment dates showing the following: 

(a) Date of payment. 

(b) Total amount paid. 

(c) Delinquent charge, if any. 

(d) Remaining balance. 

J. Name and address of co-maker or endorser, if any. 

K. All refunds itemized and signed by borrower on account record card or stapled 
thereto. 

L. Date of death of borrower on face of account card in case maker dies during term 
of loan contract. 

M. All paid-out individual account records, borrower renewals, etc., must be filed 
alphabetically or by account number, or monthly renewal date, and kept for two_ (2) 
years. Violations will be noted when licensee cannot locate an account card within a 
reasonable time after request. 

When an error is made on an individual account record card, a line shall be drawn 
through the improper entry, the correct entry made on the following line, and the 
correcting entry initialed by the individual making such correction. The entries on the 
individual account record shall correspond with the receipts given the borrower. No 

108 



Rules and Regulations 

erasures, whatsoever, may be made on the face of the individual account record. This 
includes the refund section. 

(3) Cash Book : 

The cash book shall be of the columnar type, in w^hich all transactions of receipts 
and disbursements of any amount whatsoever shall be entered. All such entries must be 
made as of the exact date of transaction. Cash book must be balanced at least weekly. 
Columns in this book must be sufficient to reflect opposite borrower's name, or account 
number, the following information: 

A. All charges itemized against loan. 

B. Payments received. 

C. Late fees received. 

D. Refunds itemized against appropriate item. 

(4) General Ledger: 

The general ledger must show in full detail the assets and liabilities of the business 
conducted in the licensed ofifice. If you have a general ledger reserve account for bad 
debts, all recoveries or collections on accounts previously charged off must be credited 
to this account. The general ledger shall be posted at least monthly and a trial balance 
or balance sheet must be prepared within twenty days after a request from the Small 
Loan Division Board of Bank Control. Organizations operating more than one licensed 
ofifice may maintain a general ledger at their home office, provided the trial balance or 
balance sheet of the licensed offices are available to the Small Loan Examiner at the 
licensed offices within twenty days after request. 

The Board of Bank Control reserves the right to require that the general ledger 
maintained at the home office be produced promptly after notice to the licensee. Any 
charge made to any licensed office by the home office to cover any item of expense must 
be in such detail as to show the nature of the expense. The use of combination forms 
of daily reports or special systems must be approved by the Board of Bank Control. 

(5) Individual File or Shucks : 

An envelope or other similar file, commonly called shucks, must be maintained for 
each borrower, in which shall be filed all of the original notes or other evidences of 
indebtedness or security. If the original note is not on file, a memo indicating the 
whereabouts of the original shall be so filed in the said envelope. All legal instruments 
taken in connection with any loan contracts must bear the small loan number. 

Only one file shall be maintained for each borrower, regardless of the number of 
loans, closed or outstanding, except where such borrower is a co-maker, guarantor or 
endorser with other borrowers. 

(6) Index to Borrowers ; 

Every licensee will keep an index record filed alphabetically or by account number on 
which all loans to each individual will be entered. This index may be kept on the face of 
the individual file or shuck, as per paragraph (5). The following information must be 
entered in order, showing: 

(1) Loan number. 

(2) Date made. 

(3) Gross amount of note. 

(4) Date of cancellation. 

(7) Records: 

All records and papers, including notes and other evidences of indebtedness or 
security signed by the borrower, shall be kept in the licensed place of business and made 
available to the representatives of the Board of Bank Control at any time without previous 
notice, unless the notes are hypothecated or deposited as collateral, in which case they 
must be under agreement permitting the representatives of the Board of Bank Control to 
examine the notes so hypothecated at any time. In the event such notes are deposited as 
collateral, unsigned copies of the same shall be kept on hand for examination. 

The records of the licensee, such as individual account records or similar records, 
shall contain all essential details with respect to court actions involving collection of loans. 
The amount of court costs charged to the borrower shall be shown thereon. The files 
of the licensee must show that all pertinent provisions of the law have been complied with. 
_l f any other business than that authorized under the Small Loan Law is conducted in 
the same office, the licensee shall fairly and equitably allocate all expenses for the 
purpose and with the result that the books relating to the licensee's business under the 
Act will fairly reflect the expense of conducting such business. 

109 Volume 7 



Code of Laws of South Carolina 

(8) Purchase of Accounts : 

Any licensee who purcliases loan accounts from another licensee or through any 
means shall notify the Board of Bank Control ten (10) days before such purchase, stating 
the name and address of tlic licensee or other source from whom the purchase was made, 
the number of accounts involved and the total balances due thereon. 

(9) Sale of Accounts: 

Any licensee who sells loan accounts to another licensee shall notify the Board of 
Bank Control within ten (10) days before such sale, stating the name and address of the 
person, firm or corporation to whom the sale was made, the number of accounts involved 
and the balances due thereon. 

Copy of the S. C. Small Loan Act and Regulations: Section 9(a) of Act 310 of 1957, 
Rule 2. 
Each licensee will be issued one (1) complete set of the Small Loan Act and regula- 
tions, which must be used and kept on file in each licensee's place of business. Additional 
copies may be obtained from the Small Loan Division for the sum of $1.00 per set which 
must accompany the request. 

Notice to Borrower: Section 9(a) of Act 310 of 1957, Rule 3. 

Each licensee shall hereafter be required to display in a prominent place in full view 
of all borrowers the following sign, which siiall he at least eighteen (18) inches high 
and twenty-four (24) inches wide, with white background and black lettering of at least 
one-half (J/z) inch: 

NOTICE TO BORROWERS 

1. You must be furnished with copies of contracts. 

2. Refunds are due you on all loans paid or renewed before maturity date. 

3. Any violation sh.ould be reported to: 

Small Loan Division 
Board of Rank Control 
Box 905, Columbia, S. C. 

Annual Reports: Section 9(b) of Act 310 of 1957, Rule 1. 

Blank annual report forms will be mailed to each licensee at the time when new 
licenses are issued. These forms shall be completed as required by the instruction sheet 
accompanying the forms. Before the first day of April, each licensee shall have completed 
and returned these forms to the Board. Any annual report that has not been received 
by April 1st, a penalty of $10.00 will be assessed. Any report which the Board has to 
return to a licensee for corrections will liave to be accompanied by a check, when report 
is returned to the Board, in the amount of $5.00 liefore the report can be accepted. Failure 
to submit or return an annual report will result in the suspension or revocation of the 
Small Loan License. 

Deposited Notes: Section 9(c) of Act 310 of 1957, Rule 1. 

When a note and/or mortgage has l^een deposited as collateral and is not physically 
present in the oflFice when a loan is discharged in full, a statement shall be given the 
borrower, signed by the manager, wh'ch states that the loan is terminated and that the 
note and/or mortgage are cancelled. Wi+hin thirty (30) days thereafter, the original note 
and/or mortgage shall be obtained and returned to the borrower. 

ADVERTISING 
Phrases Permissible: Section 11 of Act 310 of 1957, Rule 1. 

No licensee shall state or indicate that he is licensed by or subiect to the Board of 
Bank Control or the State of South Carolina, except by use of the following phrase: 
"Licensed by the State of South Carolina." This phrase must be widely separated and 
distinct from any other phrase or information published in sign or letter form. 

Sect'on 11 of Act 310 of 1957, Rule 2. No licensee shall advertise that loans are made 
at low rates, nor sh?ll such advertising contain phrases such as "lowest cost", "lowest 
rates", "no red tape", "legal rates", "lower rates", "low cost", "lower cost", "easier to 
repay", or any other similar terms or phrases indicating that the charges for a loan are 
small or low. 

Rate Schedule: Section 11 of Act 310 of 1957, Rule 3. 

If any licensee advertises that loans will be made at a specified schedule, it must 
include the actual cash given to the borrower after ALL deductions have been made, 
together with the total number, time between and the amount of each payment. Loans 
actuallv made of the class advertised shall not be subject to any higher schedule of charges. 

110 



Rules and Regui^ations io"'* 

File: Section 11 of Act 310 of 1957, Rule 4. 

Each Licensee shall maintain in its office a file or other record of all advertising 
material with dates issued, including radio and TV commercials, for a period of one year 
from the date of use thereof and said file shall be made available to the Board of Bank 
Control at all times upon request. 

Consolidating of Other Loans: Section 11 of Act 310 of 1957, Rule 5. 

Licensees shall not state or suggest in any advertising in any manner that they will 
pay and discharge a loan which the prospective borrower has with anotlier licensee, 
provided that advertising of loans for the purpose of consolidating outstanding obligations 
shall be permitted. 

Monetary Inducements: Section 11 of Act 310 of 1957, Rule 6. 

Licensees shall not advertise or offer any monetary inducement, gifts, premiums, 
commissions, or anything of greater value than 25^ per item by which persons will be 
encouraged to become borrowers. 

Outside Solicitation: Section 11 of Act 310 of 1957. Rule 7. 

No licensee shall advertise for or solicit loans by having an agent or employee of such 
licensee make a door to door campaign distributing hand bills, circulars or loan 
applications. 

Emergency Loans: Section 12(b) of Act 310 of 1957, Rule 1. 

All loans shall be made at the place named in the license, except that in case of an 
emergency, loans may be made elsewhere with prior permission of the Board of Bank 
Control. 

Business Hours: Section 12(b) of Act 310 of 1957, Rule 2. 

The place of business designated in the license shall be open to receive payments 
from borrowers during customary hours of each business day (Sunday and holidays 
excepted). 

Qualified Personnel: Section 12(b) of Act 310 of 1957, Rule 3. 

A qualified agent of the company with a working knowledge of the South Carolina 
Small Loan Law must be present during business hours. 

Interest: Section 13(a)-l of Act 310 of 1957, Rule 1. 

The maximum interest allowed will be 6% per annum of the amount of the loan up 
to $212.00, then 7% on the remainder, provided it is written in the contract. 

Initial Charge: Section 13(a)-2 of Act 310 of 1957, Rule 1. 

The maximum initial charge allowed will be in such amount as may be agreed on in 
writing, but not to exceed 6% of the cash advance. Where the amount of loan exceeds 
$20.00, this initial charge can only be charged once every sixty (60) days on a monthly 
contract and every eight (8) weeks or fifty-six (56) days on a weekly contract. This 
charge cannot be prorated in any manner. 

The initial charge is earned and retained on the original loan. If the borrower either 
renews or makes another loan in the same or lesser amount during the eight (8) week 
period, this charge cannot be refunded and charged again on the new loan. In order 
to use the current rate chart, it is permissible (if the borrower renews during the eight 
(8) week period) to add the amount of the initial charge to the actual cash borrower 
receives. 

Service or Collection Charge: 

Section 13(a)-3 of Act 310 of 1957, Rule 1. The maximum collection charge allowed 
on a monthly contract will be $1.75 per calendar month. This will l)e from the date the 
loan was made until the corresponding day of the following month, whether the month 
has 28, 29, 30 or 31 days in it. If loan is paid out, even one day prior to contract, then 
none of the collection charge of $1.75 can be earned or collected. 

Section 13(c) of Act of 1957, Rule 1. Where the cash advance is $100.00 or less, the 
maximum collection charge shall be 45^ per week. This is earned on the anniversary day 
the loan was made. For example — a loan made on Saturday, the weekly collection charge 
would be earned the following Saturday. If the loan is paid out one day prior to contract, 
then none of the collection charge can be earned or collected. 

Section 13(c) of Act 310 of 1957, Rule 2. Where the loan is set up biweekly, for 
example — every other Saturday, then the maximum collection charge is 90^ for each 
payment. This charge can be prorated by weeks only. For example — if the loan is paid 
out one day prior to contract, then only one week or 45^ collection charge is earned and 
collected. 

Ill 



Code of Laws of South Carolina 

Endorsers: Section 13(d) of Act 310 of 1957, Rule 1. 

Persons contingently liable. When loans are made on the security of endorsed or 
co-maker notes, endorsers and co-makers must be notified in writing if any obligation 
upon which such endorsers, or co-makers are contingently liable become delinquent 
forty-two (42) days according to contract. 

More than One Contract: Section 13(d) of Act 310 of 1957, Rule 2. 

No licensee shall induce any person to become obligated directly or contingently, or 
both, under more than one contract or loan at the same time by referring such person 
to another licensed place of business in which such licensee has an interest directly or 
indirectly or by any plan or agreement between two licensees having no interest in the 
business of the other licensee for the purpose of or with the result of obtaining a higher 
rate of interest or greater charge than would otherwise be permitted by Act 310 of 1957. 

Collection of Accounts Made for Non-Licensees: Section 13(d) of Act 310 of 1957, Rule 3. 
No licensee shall collect or endeavor to work any account for any non-licensee in this 
State whose rate, with all charges, exceeds the General Usury Statute, nor shall licensee 
work or collect any account made out-side of this State unless such State has a regulatory 
Small Loan Law similar in principle to the South Carolina Act. 

DeUnquent Charge: Section 13(3) (e) of Act 310 of 1957, Rule 1. 

The delinquent charge of 5^ for each full dollar of an installment can be collected on 
the fifth day after an installment is due, if agreed to in writing. This charge can only be 
made once on each installment and cannot be charged on the balance due. For example — 
10 payments of $5.90 or a total of $59.00 past due 5 days, the maximum delinquent charge 
allowed is ten (10) times 25^ or $2.50— NOT 5^ on $59.00 or $2.95. 

The installment payment date shall mean seven (7) or more full days from the con- 
tract date on a weekly contract and one (1) or more full calendar months from the date of 
weekly contract and one (1) or more full calendar months from the date of the monthly 
the monthly contract. In cases where the borrower agrees to make payments prior to those 
dates, the five (5) day waiting period shall start as outlined above. For example — if the loan 
was made 1-15-59 and the first monthly payment was scheduled for 2-10-59, the five (5) 
day waiting period starts 2-15-59 and the late fee can be earned and collected on 2-20-59 at 
the earliest. 

Disclosures: Section 14(a) of Act 310 of 1957, Rule 1. 

The licensee shall give the borrower a copy of every paper evidencing indebtedness 
which he is called upon to sign and upon request give to comaker, endorser, or surety 
a copy of every paper evidencing indebtedness which he is called upon to sign. 

Statement of Pay Off: Section 14(a) of Act 310 of 1957, Rule 2. 

Each licensee shall upon personal request furnish the borrower a written statement 
with respect to the amount of money necessary to pay off the account. This statement 
shall disclose the following information: 

1. Date of request. 

2. Net pay off, including delinquent charge and refunds, if applicable (as of date of 

request). 

3. Date loan must be paid prior to in order to obtain net pay off. 

4. Signature of person furnishing statement. 

Receipts: Section 14(b) of Act 310 of 1957, Rule 1. 

For each payment made on any loan, the licensee shall furnish a full and complete 
receipt showing the following information: 

1. Loan number. 

2. Name of borrower. 

3. Principal payment. 

4. Late fee, if any. 

5. Name of licensee. 

6. Name or initial of person issuing the receipt. 

Refunds: Section 14(c) of Act 310 of 1957, Rule 1. 

All refunds except interest shall be made in cash. Refunds may be subtracted from 
the current loan in order to find the net balance the borrower owes. It cannot be credited 
to the subsequent or new loan. 

Blanks in Loan Papers: Section 14(d) of Act 310 of 1957, Rule 1. 

Before the borrower's signature is affixed, all blank spaces on every document which 
a borrower is required to sign in obtaining a loan must be completed. Where the com- 

112 



Rules and Regulations 

bination note and mortgage is used and the borrower has to sign at the bottom, the 
mortgage must be marked NONE, when only the note section is used. 

Checks as Security: Section 14(d) of Act 310 of 1957, Rule 2. 

No licensee shall take a check or checks from a borrower for the purpose of holding 
the same as evidence of the indebtedness incurred by a borrower. 

Mortgagees' Signatures: Section 14(e) of Act 310 of 1957, Rule 1. 

All chattel mortgages taken as security on a loan must have the signature of the 
spouse when the mortgage applies to household furniture. Household furniture can be 
defined as anything in the house which is used by the whole family and, if taken by legal 
action would create a hardship. For example — a bedroom suite, refrigerator, washing 
machine, living room suite, etc., would be considered household furniture and requires 
both signatures. Lawn mower, sewing machine, gun and tools, automobile, etc., would not 
be considered household furniture for the purpose of this section. 

Power of Attorney: Section 14(e) of Act 310 of 1957, Rule 2. 

No Power of Attorney can be used. 
Loans in Excess of $100.00: Section 17 of Act 310 of 1957. 

On loans where the cash advance is in excess of $100.00, it must be contracted for 
on a monthly schedule as printed in Section 13(3) (a)(1) insofar as collection charges, 
delinquent charges and refunds are concerned, but can be set up on a weekly payment 
plan. For example— a loan for one year the collection charge has to be twelve (12) times 
$1.75 or $21.00 and the total note divided by fifty-two (52) in order to determine the 
weekly payment, and if paid out one (1) day prior to contract then one (1) full month 
collection charge is not earned or collected. In no case can the payments be less than 
$10.00 per month. 

Regulation No. 2. 
(Filed in the office of the Secretary of State April 22, 1958.) 

Superseded bj' Regulation 1 as amended filed September 10, 1959. 

Barber Examiners, State Board of. 

Adopted by State Board of Barber Examiners. 

Pursuant to § 56-268, S. C. Code of 1952. 
Approved Barber Schools and Colleges. 
Sanitary Rules Governing Barbers, Barber Schools and Barber Colleges. 

APPROVED BARBER SCHOOLS AND COLLEGES. 

(Filed in the office of the Secretary of State July 5, 1960.) 

1. Each barber school shall have a manager who will be responsible for the overall 
operation of the school. The manager must have passed an instructor's examination 
conducted by the Board, and had at least one or more years of experience as an instructor 
in an approved barber school in this state or a barber school in another state having 
substantially the same requirements as approved barber schools in this state. 

2. Each barber school or college shall file with the South Carolina State Board of 
Barber Examiners (hereafter called "Board") the name of the designated manager or 
managers thereof. Said filing shall be made not later than thirty (30) days from the date 
these Rules and Regulations become effective, and there after, upon a change in said 
management, at least thirty (30) days prior to said change. Provided, however, that if 
such change is due to emergency, said filing shall be made not later than ten (10) days 
thereafter. Said designated manager or managers shall be responsible for compliance with 
applicable Statutes, Rules and Regulations of this Board. 

3. Each barber school shall have a minimum of one (1) approved instructor for 
every twenty students or fraction thereof. 

4. All teachers and instructors are required to give full time to the students and 
cannot do any professional work. 

5. No person shall serve as manager of, or teacher or instructor in, a barber school 
or college unless 

(a) he is the holder of an up-to-date Certificate of Registration as a Registered Barber 
in the State of South Carolina; and 

(b) he has passed an examination prescribed and conducted by the Board to determine 
his qualifications to instruct and teach; and 

(c) he shall continue to be so qualified to teach and instruct in the practice of 
barbering; and 

(d) he has paid statutory fees. 

113 



Code of Laws of* South Carolina 

6. All teachers and instructors who have not taught school or college within a period 
of five years will be required to apply for and take such examination as required by the 
Board. 

7. All barber schools and colleges to be approved and accepted must file such 
application as is required by the Board, such application to be filed with the Board at least 
thirty days prior to the Board's regular meeting date and accompanied by a check for the 
annual fee prescribed by the Board. 

8. When a certificate of approval has been issued to a barber's school or college and 
there is a change in ownership, a new application form must be submitted along with the 
prescribed annual fee. 

9. If it shall appear to the Board that any manager, teacher, or instructor has 

(a) been convicted of any crime involving moral turpitude as shown by a certified 
copy of the record of the Court of conviction; or 

(b) has engaged in malpractice or demonstrated incompetence; or 

(c) has failed to be competent to instruct on any and all required subjects, or 

(d) has engaged in false or deceptive statements; or 

(e) has evidenced drinking or use of drugs in and about the school or college; or 

(f) has failed to display a Certificate of Registration; or 

(g) has demonstrated disregard for applicable sanitary rules and regulations; or 

(h) has obstructed any member of the Board, its agents, or assistants in inspection 
of said school or college, or has falsified records or reports required by law or by rules 
or regulations of the Board. 

10. All teachers and instructors are required to hold a registered barber certificate 
and appear before the Board for examination to qualify as a teacher. Then upon 
reasonable written notice of not less than thirty (30) days the Board may require any 
such manager, teacher, or instructor to appear before the Board and submit to an 
appropriate supplementary examination to determine his continued qualification to in- 
struct or teach, or submit evidence satisfactory to the Board that such other violations 
do not affect his continued qualification to instruct or teach. Provided, however, such 
supplementary examination shall not be required at intervals of less than one (1) year. 

11. Each barber school shall return the student permit issued to students when 
enrolled in school upon completion of training of each student therein, or when student 
drops out of said school, to the Board. 

12. Each student who completes training in a barber school and fails to make a passing 
grade on two (2) practical examinations may be eligible to take another examination when 
and if he or she completes sixty (60) days of additional training in an approved barber 
school in this State or a barber school in another State having substantially the same 
requirements as approved barber schools in this State. 

13. An application for student permit must be filed with the Board for each student 
re-entering the school for additional training and student permit issued before re-entering 
said school and before student will receive credit for training. 

14. Each barber school shall: 

(a) have a qualified instructor or teacher who has passed instructor's examination 
for each twenty (20) students enrolled or fraction thereof; and 

(b) have a minimum of ten (10) barber chairs and each and every barber chair shall 
be mechanically workable, and the finish of same, including upholstering, shall be in good 
condition; and 

(c) have not more than two (2) enrolled students per barber chair; and 

(d) have and maintain an up-to-date written roster system which shall be so used 
as to insure that each enrolled student shall care for substantially equal numbers of 
patrons; and 

(e) All students must be given a complete six months course in the following sub- 
jects: the scientific fundamentals of harbering; haircutting; shaving: shampooing, and the 
application of creams and lotions; shedding and regrowth of hair: hygiene; sanitation and 
sterilization; anatomy; elementary chemistry; massaging and scalp treatments; scientific 
massaging and manipulation of the muscles in the scalp, neck and face; instructions in 
diaenosis of contagious and non-contagious diseases; history of barbering and professional 
ethics, and 

(f) have a bulletin and curriculum containing full information as to the operation 
of school includins: physical equipment, number of barber chairs, workstands. floor space 
of practical and theory department, hours of operation, schedule of hours of each class, 
number of hours in practical and theory department of each class, schedule of subjects 
taught and shall furnit^h the Board with a copy of same within ninety (90) days from 
the effective date hpreof, and thereafter within fifteen (15) days of the issuance of any 
new or amended bulletin: and 

114 



Rules and Regulations 

(g) have and keep a complete record of each student including number of days 
and hours attending classes practical and theory; separate records for the free and pay de- 
partments as to number of patrons served for haircuts, shaves and other clinical services; 
and subject matter taught in theory. A copy of same to be furnished the Board upon 
request; and 

(h) have and maintain in the main quarters of said school a "Free Department" in 
which no charges shall be made for services rendered by enrolled students; and 

(i) have and maintain 2 clearly visible sign in a conspicuous place at or near the 
entrance thereto, designating the "Pay Department"; and 

(j) have no barber sign or emblem representing that it is a barber shop displayed 
to the public; a sign must be displayed in front of the place of business designating that 
it is a barber school or college and stating that all barber work is done bv students only. 
NO SCHOOL OR COLLEGE SHALL IN ANY WAY BE CONNECTED WITH A 
BARBER SHOP. 

(k) have within each school ample and sufficient room or space to house all facilities, 
have sufficient space between each and every barber chair as well as from workstand or 
wall to barber chair whereby the students will not be crowded or hampered. The space 
between each and every barber chair, measured from center to center, shall be a mini- 
mum of five feet, and the space from the barber chairs to the workstands or wall shall be 
a minimum of three and one-half (3j^) feet. 

(1) have ample and sufficient space for the purpose of practical demonstrations. Each 
school shall be separate from any other place or type of business by a substantial wall of 
ceiling height; and 

fm) have a room separate and apart from the practical room and must be separate 
and apart from any other tyne of business whatsoever by a ceiling height solid partition. 
Said room must be used exclusivelv f'^r the teachine in theory of barbering and sufficient 
in size to accommodate students enrolled in such school and shall have ample blackboard 
space as well as charts on anatomy and other facilities incident to teaching of subjects 
required by law; and 

(n) have an adequate workstand for each barber chair, same to be of such construc- 
tion that it mav be easily cleaned: and adequate tool cabinet for each barber chair, having 
a door as nearlv airtig'ht as possible, and of such construction that it may be easilv cleaned, 
and all tooh shall be kept in tool cabinet when not in use with the exception of clippers; 
and a sufficient supply of solution in which to immerse barber instruments immediately 
accessible to each chair: and 

Co) have and maintain textbooks, supplies, equipment, fixtures, devices and tools 
necessary for compliance with regulations, and 

("p) have and maintPin a dailv record of all haircuts and shaves performed by each 
student and students shall be furnished a copy of such record: and 

(a) have and maintain a rule that no enrolled student shall be deemed to have 
finished traininp^ in said barKer school or collece unless and until said student shall have 
performed a minirniim of 550 complete haircuts and a minimum of 250 complete shaves 
within a period of at le^st six months, und^r the supervision and control of, and in the 
main quarters of, said barber school or college. 

l.*). No person shall enroll, be enrolled in. nor permitted to attend classes or perform 
anv barberinor services as a student in or about a barber school or college unless and 
until he shall; 

fa") h^ve filed an application for student permit with the Board and student permit 
issued; and 

(h) h3ve passed his sivteen+h C^^fh^ birthday: and 

Cc") have revived a written student permit issued by this Board; and 

(6) have paid statutory fees. 

Ifi. A student s^all be deemed enrolled in the barber scbool or colteee only from 
and aftT the dptp of issuance of a s+urlpnt permit by this Board. Therefore, no student 
shall receive credit for training received in any barber school or college until student per- 
mit has been issued. 

17. A monthly report of each student enrolled shall be furnished the Board on the 
first of each month. This report is to be as prescribed by the Board. All reports, records, 
or other documents required by rules or regulations to be submitted to the Board by 
barber schools or college. 

18. All schools or colleges are subject to sanitary inspection at any time by the 
Board of Barber Examiners or its agents. 

19. All barber schools and colleges are required to comply with the above rules and 
regulations in order to remain on the approved list. The State Board of Barber Examiners 
reserves the right to add to or amend these rules at any time. 

115 



Code op Laws of South Carolina 

20. All rules and regulations heretofore adopted by this Board governing or pertaining 
to barber schools and filed with the Secretary of State are hereby revoked. 

SANITARY RULES GOVERNING BARBERS. BARBER SHOPS AND 

BARBER COLLEGES 

(Filed in the office of the Secretary of State November 30, 1954) 
Rule 24. When Barber Shops and Barber Colleges or Schools are inspected period- 
ically and graded, in accordance with compliance of the Sanitary Rules and Regulations. 
Cards denoting grade, A-90-100, B-80-89, C-70-79 and D- unsatisfactory will be posted 
In a conspicuous place. These grades to be determined by the Inspector. Shops making 
low and unsatisfactory grades will be given 30 days for compliance. 

Cemetery Board, State. 

Pursuant to § 9-554, this supplement [Act No. 704 of 1954, p. 1767.] 
(Filed in the office of the Secretary of State February 21, 1957.) 

PERPETUAL CARE CEMETERIES. 

1. All perpetual care cemeteries in South Carolina shall pay a license fee not later 
than the 15th day of April of the current calendar year and each calendar year thereafter 
until further notice in the amount of $25.00 to The State Cemetery Board. 

2. Financial statements by a C. P. A. of the trust fund of each cemetery shall be 
filed in the office of the Secretary of State, Ex Officio Chairman of The State Cemetery 
Board, not later than 30 days after the filing of the income tax return covering the busi- 
ness of the preceding year. 

3. Each cemetery under the Act should file immediately in the office of the Secretary 
of State, Ex Officio Chairman of The State Cemetery Board, the date of its accounting 
year; that is, the date of the end of the cemetery's financial year. 

Charleston County Council. 

Adopted by Charleston County Council. 

REGULATIONS FOR CONTROLLING THE SUBDIVISION OF LAND IN 
CHARLESTON COUNTY, SOUTH CAROLINA 

Pursuant to § 14-353, S. C. Code of 1952. 
(Filed in Secretary of State's office December 29, 1954.) 
A copy of the above regulations was filed in the office of the Secretary of State 
December 29, 1954. Those interested should refer to same. 

Amendments of Subdivision of Land. 

Pursuant to § 14-353 (c), S. C. Code of 1952. 

(Filed in office of the Secretary of State June 4, 1959.) 

Amendments of regulations of Charleston County Council relating to Subdivision 

of Land filed in Secretary of State's office June 4, 1959. Those interested should refer 

to the copy of same. 

Chiropractic Examiners, Board of. 

Adopted by the South Carolina Board of Chiropractic Examiners. 

Pursuant to § 56-353, S. C. Code of 1952. 

(Filed in the office of the Secretary of State January 28, 1955, unless otherwise noted.) 

Who May Practice 

Section 1. Any Doctor of Chiropractic who has complied with the provisions of the 
South Carolina Chiropractic Laws and the following Rules and Regulations may practice 
the profession in South Carolina after receiving official notification from Secretary of the 
South Carolina Board of Chiropractic Examiners. (As amended filed November 9, 1959.) 

Officers 
Section 2. Officers shall consist of President; Prcsident-Elect; Advisor; and a Sec^ 
retary-Treasurer. H 

116 



Rui.Es AND Regulations 

The members of the Board shall serve as President; President-Elect; and Advisor; 
respectively, according to seniority, except that the Secretary-Treasurer may succeed hin> 
•elf from year to year if it is the pleasure of the Board and he accepts same. 

Meetings of Board 

Section 3. The Board shall hold an annual meeting between the 10th and 20th of 
May and semi-annual meeting between the 10th and 20th of November of each year. 
The place and exact date of meetings shall be decided by the State Board of Examiners, 
but shall be co-incidental with conventions of the South Carolina Chiropractic Associa- 
tion when practical. The purpose of these meetings shall be for examination of appli- 
cants for licensure, and other pertinent matters. 

The Secretary of Board shall furnish the Association with names and addresses of 
new licensees within thirty days after date of issue. The Secretary shall notify the Asso- 
ciation of any changes made in the Rules and Regulations by the State Board of Exam- 
iners at its next regular meeting. 

Licenses 

Section 4. All persons practicing Chiropractic individually, or under the supervision 
of, or in the employment of any licensed Doctor of Chiropractic, shall be required to obtain 
a license from the State Board of Chiropractic Examiners. 

In the event report shall be made to the Board of Examiners of anyone practicing 
Chiropractic without a license to do so, said Board shall make a reasonable investif?ation 
and report any positive evidence to the proper authorities for prosecution under § 56-360, 
Code of Laws of South Carolina, 1952. (As amended filed November 9, 1959.) 

Schools and Colleges 
Section 5. Recognition: In order to gain recognition by this Board of Examiners, 
a school or college of Chiropractic must teach a standard Chiropractic curriculum con- 
sisting of a minimum of four years of nine months each and conferring the Degree, Doctor 
of Chiropractic (D.C.). The course of study must be of non-repetitious instruction, and 
require actual class room attendance. (As amended filed November 9, 1959.) 

Examinations 

Section 6. Application for examination shall be made to the Secretary of the State 
Board of Chiropractic Examiners at least fifteen days prior to any regular meeting, upon 
such forms and in such manner as may be directed by the State Board. 

Each applicant must be a graduate of a Chiropractic school or college recoc^nized 
by the State Board of Examiners and possess the Degree, Doctor of Chiropractic (D.C.). 
His application must be accompanied by a photostatic copy of his Chiropractic diploma, 
a transcript of credits from his school or college of Chiropractic attested by a school 
official a photostatic copy of a diploma from a high school or its equivalent, and a photo- 
graph of applicant. Applicant must produce the original diplomas for inspection on request 
of Board of Examiners. The apnlication and credentials shall be retained by Board of 
Examiners. (As amended filed November 9, 1959.) 

Application Photograph 

Section 7. The photograph which accompanies application must be unmounted, 
size 3x3 inches, bust only, taken within the year preceding the date of the examination. 

Personal Appearance 
Section 8. Each applicant, whether by examination or reciprocity, must appear 
in person before the examining Board at the time his application is considered. 

Examination Fee 
Section 9. Each applicant for license by examination shall pa^' a fee of $20.00, to 
accompany his application to the Secretary. A fee of $40.00 shall accompany application 
for license by reciprocity from an applicant holding license to practice under other State 
Boards. 

Examination Requirements 

(This section as amended filed February 14, 1958.) 
Section 10. Written examinations will be given in all Basic Science subjects taught 
by recognized schools and colleges of Chiropractic, and in subject pertaining to the prin- 
ciples and practice of Chiropractic. These subjects shall include Anatomy (all branches). 
Physiology. Chemistry, Toxicology, Hygiene and Sanitation, Diagnosis, Pathology, Chi- 
ropractic Philosophy, Adjusting technique. X-rav machine operation (including safety 
precautions) and film interpretation. Licenses shall be granted to all applicants who shall 

117 



Code op Laws o? South Carouna 

answer correctly 75% of all questions asked, and who are of good moral character, in 
the opinion of the Board. 

If any applicant shall fail to answer correctly 65% of the questions on any branch 
of said examination he or she will not be entitled to a license. 

Recording of License 
Section 11. Every person who shall receive a license from the State Board of Chi- 
ropractic Examiners shall have it recorded in the office of the County Clerk of the county 
in which he shall practice. Failure to record license is suggestive cause for revocation 
of same. Each licensed practitioner of Chiropractic must display his license in his office. 

Renewal Fee 
Section 12. Everyone holding a license in this State, whether residing in the State 
or not, must pay to the Secretary an annual renewal fee of $2.00. This fee is due and 
collectible on May 1st. Failure to receive notice from the Secretary does not act aa an 
excuse for nonpayment. 

Reasons for Revocation of License 

Section 13. License may be revoked by the Board of Examiners for either of the 
following reasons: 

(a) Any license not renewed before July 1st shall be considered in arrears and a 
penalty of $25.00 shall be imposed. If renewal fee and penalty are not paid before August 
1st, said license shall be automatically revoked and the Board shall have same removed 
from the records of the County Clerk of Court's office. A new license shall be granted 
only upon re-examination or upon sufficient evidence to justify same being granted. 
(See 56-358 of Cliiropractic Law.) 

(b) Any licensee who splits or divides fees for Chiropractic service with any person 
except an associate licensed Chiropractor, who shall commit any major crime, who shall 
be habitually addicted to narcotic drugs or alcoholic beverages, who shall make false 
statements through signs or advertising designed to deceive the public, who engages 
in fraudulent professional practices, who fails to comply with the rules promulgated for 
the regulation and practice of the profession, or who shall be found in other ways to no 
longer possess a good moral character, may, in the discretion of the Board, have his 
license revoked. ('See Section 56-359, Code of Laws of South Carolina, 1952.) (This item as 
amended filed November 9, 1959.) 

Procedure for Revocation 

Section 14. If any licensee shall violate Code 56-359 of the South Carolina Chiro- 
practic Law the Board of Examiners may take action to revoke his license. 

Licensee shall be notified by registered letter from the Secretary of the Board of 
Examiners inviting him to appear before meeting of the Board and show cause why his 
license should not be revoked. Above letter must be mailed at least 15 days prior to 
date of hearing, and inform accused as to the nature of the charges, and time and place 
of hearing. Failure of accused to appear shall not delay consideration of his case, unless 
Board of Examiners shall grant a postponement. If Board of Examiners shall find accused 
guilty of charges his license shall be declared void. 

Filing of Address 
Section 15. Each licensed practitioner shall file his business address with the Secre- 
tary of the State Board, and shall notify him immediately of any change in same. 

Practice 

(This section as amended filed February 14, 1958.) 
Section 16. (a) Any Chiropractor holding a license to practice chiropractic in South 
Carolina from the State Board of Chiropractic Examiners may practice Chiropractic as 
it is taught by the recognized schools and colleges of Chiropractic of palpating and ad- 
justing the articulations of the human spinal column by hand only. Any instruments or 
machines may be used to aid the Chiropractor in furthering his knowledge toward analy- 
sis, or to relax the patient, that the Chiropractor may be able to better adjust the patient, 
but shall not prescribe nor administer to any person drugs, nor pracice surgery. 

(b) The following rules and regulations shall be observed in the use of X-ray ma- 
chines by all chiropractors licensed in this State: 

1. X-ray machines shall not be used for therapeutic purposes, but may be used for 
diagnostic and analytical purposes. 

2. All X-ray machines shall be registered with the Secretary of the South Carolina 
Board of Chiropractic Examiners on forms to be supplied by this Board which 
will be furnished upon request. X-ray machines currently in operation shall be 

118 



RuLKS AND Regulations 

registered by April 1, 1958. Newly acquired equipment shall be registered within 
30 days following date of installation. 

3. X-ray machine operators shall be adequately protected against X-rays. 

4. Record shall be kept of previous and current exposures of each patient, and the 
maximum radiation dosage shall be within safe limits as prescribed by the National 
Bureau of Standards. 

5. A 4 X 6-foot leaded shield shall be placed behind patients as a control factor when 
others may be within the field of radiation. 

6. The field of radiation shall be held to a minimum by use of cones or other ap- 
propriate devices. 

7. Each X-ray machine shall be equipped with a minimum 2 MM aluminum tube filter. 

8. X-ray equipment shall be rendered inoperative or inaccessible when not in use. 
To the extent that the above amendments are inconsistent with the rules of this 

Board now filed with the Secretary of State, such rules are amended to conform here- 
with, but in all other respects the rules now filed with the Secretary of State are con- 
firmed and are to remain in full force and effect. 

Contagious and Infectious Diseases 
Section 17. All Chiropractic practitioners shall observe and be subject to all State 
and municipal regulations relating to the control of contagious and infectious diseases, 
sign death certificates, and any and all matters pertaining to public health, reporting to 
proper health officers, the same as other practitioners, and that a licensed Chiropractor 
In this State may have access to and practice Chiropractic in any hospital or sanitarium 
In this State that received aid or support from the public. (Copy of "The Control of 
Communicable Diseases in man" may be obtained from — The South Carolina State Board 
of Health, Bureau of information Services, Columbia, South Carolina.) 

Expenses of State Board Members 
Section 18. When meeting for the purpose of holding examinations or performing 
any other duties pressed upon them by this Act, the members of the Board of Chiro- 
practic Examiners shall receive the sum of $10.00 per diem allowance, and any portion 
of a day shall be considered a day. They shall further receive a traveling allowance of 
7 cents per mile, and $7.50 per day for subsistence. These expenses shall be paid by the 
Treasurer of said Board out of the moneys received by him as license fees, or from 
renewal fees. The Board shall also expend out of said fund expenses incidental to the 
administration of duties of said Board. 

Files and Records 

Section 19. The files and records of the South Carolina Chiropractic Board of 
Examiners shall be kept by the Secretary of the State Board. They will be subject to 
being audited or examined at any time by duly authorized authorities of the State. 

They also may be audited by the South Carolina Chiropractic Association upon a 
majority vote of the Association, when authorized by the President of the Association. 

Clemson Agricultural College of South Carolina, The. 

Fertilizer. 

Health Requirements Governing Admission of Livestock into South Carolina. 

FERTILIZER. 

Adopted by th© Fertilizer Board oe Control, Board op Trustees, Thb 
Clemson Agricultural College oe South Carolina. 

Pursuant to § 3-590.3, S. C. Code of 1952. 
(Filed in the Ofifice of the Secretary of State March 16. I960.") 

1. Any inert filler, which bears a color similar to recognized materials furnishing 
primary, secondary, minor or trace nutrients is deemed and declared objectionable as a 
component of any mixed fertilizer, in that its use has the effect of deceiving the purchaser 
of the fertilizer and is in violation of Section 10 of Act 609 of 1954. 

2. SCS, SCS 100 clays and yellow ocher are determined to be objectionable within 
the meaning of the above section. The enumeration of these inert filler materials shall 
not be considered to be exclusive of such materials that may be determined to be prohibited 
by such section. 

3. Fertilizer manufacturers may submit sample of any questionable inert filler ma- 
terial to the Fertilizer Board of Control or its representatives for a ruling as to whether 
its use is objectionable under this regulation. 

4. This regulation shall become efifective on July 1, 1960. 

119 



Code of Laws of South Carolina 

HEALTH REQUIREMENTS GOVERNING ADMISSION OF LIVESTOCK 
INTO SOUTH CAROLINA. 

Adopted by Livestock and Poultry Health Department of The Clemson 

Agricultural College of South Carolina. 

Pursuant to § 6-401, S. C. Code of 1952. 

(Filed in the Office of the Secretary of State April 20, 1956.) 

Regulation No. 1. General Regulation. 

1. For the purpose of this and following regulations, the following definitions shall 
hold. 

(a) Livestock shall mean all classes and breeds of livestock, including poultry. 

(b) Poultry shall mean all chickens, turkeys and other domesticated fowl including 
hatching eggs of the same. 

(c) The State shall mean the Clemson College Livestock Sanitary Department. 

(d) The Branch shall mean the Animal Disease Eradication Branch, Agricultural 
Research Service, United States Department of Agriculture, (formerly United States 
Bureau of Animal Industry, United States Department of Agriculture). 

(e) Health Certificate shall mean an official certificate of health made on an official 
form from the state of origin or from the Branch issued by veterinarians in the employ- 
ment of that Branch or the State Livestock Service state of origin or licensed accredited 
veterinarian. The certificates shall give the complete name and address of the consignee 
and consignor. A complete description of the livestock covered, giving age, sex, and 
breed. The animal or animals shall be permanently identified by tag, tattoo, brand, regis- 
tration name and number, leg band, or other permanent means of identification. The 
certificate shall contain the statement that the animal or animals have been examined 
and are found to be free from the symptoms of an infectious, contagious or communicable 
disease or exposure thereto. In addition, specific tests or other requirements, as may be 
noted hereafter, must be included. The certificates shall be signed by the issuing veteri- 
narian and approved by the recognized livestock sanitary official of the state of origin. 
A copy of the approved certificate shall be forwarded to the State Veterinarian, P. O. 
Box 1174, Columbia, South Carolina before arrival of the livestock. 

(f) Permit shall mean a written or telegraphic communication signed by the State 
Veterinarian or his authorized agent. 

(g) State Veterinarian. Director of the Clemson College Livestock Sanitary De- 
partment. 

fh) An approved slaughtering establishment or slaughtering center shall mean a 
packing house or stockyard approved by the State and Federal authorities. 

2. No livestock, that is infected with, or that has recently been exposed to any in- 
fectious or transmissible disease shall be imported into the state until written permission 
for such importation is obtained from the State Veterinarian. 

3. Livestock imported into the state shall be accompanied by an approved health 
certificate or permit, where required, which must be attached to waybill or shall be in 
the possession of the driver of vehicle or person in charge of livestock, if moved on foot 
A health certificate will be void thirty (30) days from date of issue. A permit will be 
void fifteen (15) days from date of issue. 

4. Livestock entering the state without a proper health certificate and not meeting 
the health requirements shall be held in quarantine at the nearest suitable place while 
necessary inspections and/or tests may be applied at owner's expense until released from 
quarantine by the State Veterinarian. 

5. All trucks, railway cars and other facilities used for the transportation of livestock 
shall be maintained in a sanitary condition. 

6. The owners and operators of railway cars, trucks and other conveyances that have 
been used for interstate movement of any livestock infected with or exposed to an in- 
fectious or transmissible disease, shall be required to have such cars, trucks and other 
conveyances thoroughly cleaned and disinfected with a recognized disinfectant under 
official supervision. Proper notice of cleaning and disinfection and such certification shall 
be attached to the waybill or in the possession of the operator of truck or other 
conveyance. 

Reg^ulation No. 2. Covering the movement of horses, mules and asses into 

South Carolina. 
1. These animals may be imported into the state when accompanied by an approved 
health certificate certifying that the animal or animals as determined by a physical exami- 

120 



Rules and ReguIvATions 

nation are free from any evidence of an infectious or transmissible disease and have not 
been recently exposed to any communicable, infectious or parasitic disease. 

Regulation No. 3. Tuberculosis. 

1. Cattle may be imported into the state provided they are identified as originating 
in (a) Tuberculosis-free accredited herds, or (b) Qualified negative herds from modified 
accredited Tuberculosis-free areas. If such herds have not passed a negative tuberculin 
test within twelve (12) months prior to entry, the cattle to be imported into the state 
shall be tuberculin tested within thirty (30) days prior to entry. 

2. Feeder steers from herds not under quarantine for Tuberculosis may be imported 
without a tuberculin test, provided they are maintained separate and apart from dairy and 
breeding cattle. 

3. Cattle which originate in a herd in which infection is disclosed are not eligible for 
entry unless such herd has passed three (3) consecutive negative tuberculin tests at least 
sixty (60) days apart without evidence of infection. 

Regulation No. 4. Brucellosis. 
(Bang's Disease) 

1. Cattle for dairy and breeding purposes, feeder cows, heifers and bulls of beef 
breeds, including calves and cattle for exhibition purposes, may be imported into the 
state, provided they come directly from herds meeting health status of one of the follow- 
ing classifications: 

(a) Herds officially accredited Brucellosis-free or qualified herds in modified certified 
Brucellosis-free areas, in which all non Brucella vaccinated animals in the herd over six 
(6) months of age were negative to an official test for Brucellosis within twelve (12) 
months of entry, and the animals for entry were negative to an official blood test within 
thirty (30) days of the date of entry. 

(b) Herds under Federal-State supervision for the control of Brucellosis, in which 
all non Brucella vaccinated animals in the herd over six (6) months of age were negative 
to an official blood test within three (3) months of entry, and the non Brucella vaccinated 
animals for entry were negative to an official blood test within thirty (30) days of the 
date of entry — such test not to be applied within thirty (30) days of the date of the 
previous herd test. 

(c) Unvaccinated calves under six (6) months of age will not be required to be blood 
tested prior to entry, provided they are identified as the progeny and come directly from 
certified Brucellosis-free herds or Brucellosis-negative herds in accordance with para- 
graph (a) or (b). 

(d) Cattle officially vaccinated under Federal-State supervision with Brucella abortus 
vaccine between four (4) and eight (8) months of age which originate in herds in accord- 
ance with paragraphs (a) or (b), wherein all unvaccinated animals over six (6) months 
of age are negative to an official blood test within thirty (30) days of the date of entry 
and all vaccinated animals over thirty (30) months of age which give titers not exceeding 
the accepted minimum test standards as recommended by the United States Livestock 
Sanitary Association and approved by the State and Federal authorities, may be imported 
into state. 

(e) Cattle under thirty (30) months of age officially vaccinated with Brucella abortus 
vaccine between four (4) and eight (8) months of age, which originate in herds in accord- 
ance with paragraphs (a) or (b) may be imported into the state if not negative or with- 
out an official blood test, but the importation shall be at the request of the purchaser and 
subject to the approval and special written permit issued by the State Veterinarian. 

(f) Cattle for dairy and breeding purposes, feeder cows, heifers and bulls of beef 
breeds not provided for in above classifications may enter the state provided they were 
negative to an official test for Brucellosis within thirty (30) days prior to entry and the 
herd of origin is under an approved program for the elimination of Brucellosis. 

2. Tests for Brucellosis shall be conducted in a laboratory approved by the proper 
livestock sanitary official of the state where the cattle originate. All tests shall be con- 
ducted by one of the methods recommended by the United States Livestock Sanitary 
Association and approved by State and Federal authorities of the state of origin. 

3. The health certificate for the importation of calves under six (6) months of age, 
as provided in paragraph (c), shall include the Tuberculosis and Brucellosis status of the 
herd in which they originate. 

4. Cattle recognized as officially vaccinated with Brucella abortus vaccine shall be 
identified by tattoo in the right ear, giving the quarter of the year in which they were 
injected by either one (1), two (2), three (3) or four (4), followed by the letters CV and 
the last digit of the year, in case of calves. Vaccinated adults shall be identified in the 
same manner except the letters AV shall be used in place of CV. For example, 3CVS 
shall be interpreted that it was vaccinated during the third quarter as a calf during the 

121 



Code op Laws of South Carolina 

year 1955. One with 3AV5 shall be interpreted as vaccinated as an adult during the third 
quarter of ly55. Vaccinates not ideniihed as described above shall not be recognized as 
such lor unporiatioii iiilo South Carolina. The healtii certihcate shall give the age ot eacl} 
aiuinal at the lime of vaccination and date of vaccination. 

5. i^eeder steers may be imported without a Brucellosis test but shall be accompanied 
by a healili certiticatc. 

6. lecuer steers upon arrival at destination shall be maintained separate and apart 
from all otlier cattle until moved for slaughter or other disposition, under ofticial 
supervision. 

7. Public Stockyards and Auctions — No cattle approved for entry into the state at 
free iruiii iuberculosis or Brucellobis shall be assembled, prior to slupnient, handled or 
coiihncd 111 any public stockyard, livestock auction sales' stable or yard, unless they are 
properly segregated in thoroughly cleaned and disinfected pens to prevent their exposure 
to inlected cattle or premises. 

8. Immediate Slaughter — Cattle for immediate slaughter may be imported into the 
state accompanied by a health certihcate showing apparent freedom from infectious and 
contagious diseases provided such cattle are consigned for immediate slaughter to a 
recuguizcd public stockyard where Federal, State or Municipal veterinary inspection fa 
niamtamed, or shipped to a slaughtering establishment or slaughtering center that is ap- 
proved and designated by the Animal Disease Eradication Branch, Agricultural Research 
Service, United States Department of Agriculture, and the State Veterinarian. Such cattle 
shall be slaughtered within ten (10) days after arrival at destination, except when the 
ten day period is extended by special permit from the State Veterinarian. 

Regulation No. 5. Cattle fever tick and scabies regulations. 

1. No cattle infested with fever ticks (Margaropus Annulatus or M. Australis) or 
exposed to such tick infestation shall be shipped, trailed, driven or otherwise imported 
into the state for any purpose. 

2. Cattle from Federal-State tick quarantined areas shall not be imported into this 
state except in accordance with regulations of the Animal Disease Eradication Branch, 
Agricultural Research Service, United States Department of Agriculture. 

3. No cattle infested with Scabies shall be shipped, trailed, driven or otherwise im- 
ported into this state for any purpose. 

4. No cattle recently exposed to Scabies or from an area quarantined on account ol 
Scabies shall be imported into this state except in accordance with the regulations of the 
Animal Disease Eradication Branch, Agricultural Research Service, United States De- 
partment of Agriculture. 

Regulation No. 6. Sheep and goats. 

1. Goats for dairy and iireeding purposes to be imported into this state shall be ac- 
companied by a health certificate containing a record of a negative test for Tuberculosis 
and Brucellosis — such tests to be conducted within thirty (30) days prior to importation. 
Sheep for breeding purposes shall be accompanied by an approved health certificate. 

2. Scabies. Siieep and goats for purposes other than immediate slaughter that have 
been handled in stockyards, stock pens or on premises in public use for livestock shall 
not be imported into tliis state until after they have been dipped in accordance with 
the regulations of the Animal Disease Eradication Branch, Agricultural Research Service, 
United States Department of Agriculture, and while in transit, they shall be accompanied 
by a certificate certifying such dipping. 

3. The health certificate covering importation shall include report of inspection in- 
dicating that the sheep or goats are not infected with, exposed to or from a flock or 
area under quarantine for Scabies, Scrapie, Blue Tongue or any other infectious, 
contagious or communicable disease. Upon arrival at their destination such sheep and 
goats shall be unloaded directly from the car, truck, vehicle or conveyance into cleaned 
and disinfected vehicles or conveyances or unon clean and disinfected premises. 

4. Immediate Slaughter. Apparently healthy sheep and goats may be imported into 
this state for the purpose of immediate slaughter when consigned directly to a recognized 
public stockyard or to a slaughtering establishmnt or slaughtering center that is approved 
and designated by the Animal Disea'^e Eradication Branch, Agricultural Research Service, 
United States Department of Agriculture, and the State Veterinarian. 

5. Such sheep and goats shall be accompanied bv a waybill or certificate marked for 
immediate slaughter, and shall be slaughtered within ten (10) days after arrival at 
destination, except when the ten-day period is extended by a special permit from the 
State \''eterinarian. 

6. Sheep and goats for purposes other than immediate slaughter shall be imported 
in conveyances that have been cleaned and disinfected with an approved disinfectant 
immediately prior to loading animals. 

122 



RuivEs AND Regulations 

Regulation No. 7. Covering the interstate movement of swine for breeding and feeding 

purposes. 

1. All swine imported into this state shall be accompanied by a certificate of health. 

2. Swine for feeding and breeding shall be treated with a proper dose of anti-hog 
cholera serum within thirty (30) days of tiie date of entry into the state, a proper dose of 
anti-hog cholera serum and anti-hog cholera vaccine within twelve (12) months of entry 
into the state or a proper dose of anti-hog cholera serum and hog cholera virus not less 
than thirty (30) days immediately prior to the date of entry into the state. 

3. The certificate of health should include a certificate of vaccination signed by an 
accrediated veterinarian stating the ear tag number, date of vaccination, amount of 
anti-hog cholera serum, anti-hog cholera serum and hog cholera vaccine, or anti-hog 
cholera serum and hog cholera virus used. 

4. Purebred swine, if not ear-tagged, shall be identified by a registry name and 
number and a description sufficient to identify the animal. 

5. Immediate Slaughter. Swine may be imported into the state for immediate slaughter 
when accompanied by a health certificate provided they are consigned directly to an 
approved slaughtering center. 

Regulation No. 8. Covering the Admission of Poultry. 

1. All poultry two (2) months of age or over shall be accompanied by an approved 
health certificate. 

2. Poultry for breeding purposes shall not be imported into this state unless they 
originate in negative tested flocks under the supervision of the pullorum control phase of 
the National Poultry Improvement Plan, or have passed a negative i)lood test for 
pullorum disease under the supervision of the proper state livestock sanitary oflicial with- 
in thirty (30) days of entrance. 

Regulation No. 9. Covering the shipment of dogs into the state. 
1. All dogs to be transported or moved into the state for any purpose shall be ad- 
mitted only when accompanied by an approved health certificate stating that the dog 
or dogs did not originate within an area under quarantine for rabies or an area where 
rabies is known to exist, even though not quarantined, has not been exposed to rabies, 
and has been vaccinated against rabies and identified by proper identification tag and 
certificate not more than twelve (12) months prior to shipment. 

Regulation No. 10. Wild animals. 
1. Wild animals and semi-wild animals under domestication or 5n custody may be 
imported into the state when accompanied by an approved health certificate. 

Contractors, South Carolina Licensing Board for. 

Adopted by South Carolina Licensing Board for Contractors. 
Pursuant to § 56-404, S. C. Code of 1952. 

RULES AND BY-LAWS. 

(Filed in the office of the Secretary of State August 22, 1958.) 
Section 1. For the purpose of carrying out the provisions of Chapter 8, Volume 5, 
Sections 56-401 through 56-428, (1952) Code of Laws of South Carolina, as amended, 
there shall be elected from the members of the South Carolina Licensing Board for Con- 
tractors, which is hereinafter referred to as the Board, a chairman and vice-chairman, 
the election of which shall take place at the April meeting of each year and the elected 
chairman and vice-chairman shall assume office immediately following the election. Tt 
shall be the duty of the chairman to call and preside over all meetings of the Board and 
perform such duties as may come within the jurisdiction of his office. Tt shall be the duty 
of the vice-chairman to function as chairman in the absence of the chairman. 

Section 2. The Board shall employ a Secretary-Treasurer or a Secretarv and a 
Treasurer who need not be a member of the Board. The Secretary-Treasurer shall keep a 
record of the proceedines of the said Board and shall receive and account for nil mnn'ps 
derived from the operation of Chapter 8, Volume 5. Sections 56-401 through 56-428 and 
amendments. The Secretary-Treasurer shall give bond in such sum as the B'-'ard shall 
determine with such surety as shall be approved bv the Board. S^iH bond <;Viall be con- 
ditioned for the faithful performance of the duties of his office and for t'le fpithfnl nrroimt- 
ing of all monies and other property as shall come into his hands. The Sccrf^tarv-Trrasnrer 
shall have the power to employ the necfssary clerical and legal service to assist in carry- 
ing out the provisions of this Article. The salary of such personnel •shall be fixed by the 
Board. The Secretary-Treasurer shall also have the nower to purchase whaf^ver office 
equipment, stationery, rent, or other miscellaneous articles as may be necessary for the 

123 



Cods Of Laws of* South Carolina 

operation of the Board. Any expenditures from the funds of the Board shall be made by 
voucher, which shall be signed by the Secretary-Treasurer. 

Regular meetings of the Board shall be held during April and October of each year 
and additional meetings may be held at such other times and places as the Board shall 
deem necessary. Special meetings will be held at the call of the chairman at the request 
of any two members of the Board. Three members of the Board which shall include 
either the chairman or vice-chairman shall constitute a quorum. 

Section 3. For the purpose of this Chapter: A general contractor shall be one who 
for a fixed price, commission, fee or wage undertakes or offers to undertake the con- 
struction or superintending of construction of any building, highway, sewer, grading, im- 
provement, re-improvement, structure, or part thereof, when the cost of the undertaking 
is twenty thousand ($20,000.00) dollars or more. The cost of the undertaking for pur- 
poses of the Chapter shall include the over all cost of all materials, equipment and labor 
unless the owner specifically states in the invitation for bids, or in the plans and specifi- 
cations covering the project, that a specified item, or items, of material and/or equip- 
ment are to be furnished by the owner and are not to be included in the bid proposal. 
Anyone who engages or offers to engage in such undertaking in the State of South 
Carolina shall be deemed to have engaged in the business of general contracting in this 
State. 

A mechanical contractor shall be one who for a fixed price, commission, fee or wage 
undertakes or offers to undertake any plumbing, heating, air conditioning or electrical 
work when the cost of the undertaking is seven thousand five hundred ($7,500.00) dol- 
lars or more. The cost of the undertaking for purposes of the Chapter shall include the 
overall cost of all materials, equipment and labor unless the owner specifically states in 
the invitation for bids, or in the plans and specifications covering the project, that a 
specified item, or items, of material and/or equipment are to be furnished by the owner 
and are not to be included in the bid proposal. Anyone v/ho engages or offers to engage 
in such undertaking in this State shall be deemed to have engaged in the business of 
mechanical contracting in this State. 

Section 4. All persons, firms, or corporations desiring to be licensed as a general or 
mechanical contractor in the State of South Carolina shall make and file with the Board, 
at least thirty days prior to any regular or special meeting thereof, a written application 
on such form as may be prescribed by the Board, said application to be supported by a fi- 
nancial statement and experience record prepared on forms prescribed by the Board and 
accompanied by the sum of $60.00. Before being permitted to take the examination the ap- 
plicant shall furnish evidence through applicant's surety company of its ability to furnish 
bond for an amount in excess of the minimum established by those Rules and By-Laws for 
the limitation and classification applied for. It shall be the responsibility of the Board to 
ascertain from the application and proofs furnished that the applicant is possessed of good 
character and is otherwise qualified as to competency, ability and integrity and that the 
applicant has not committed any act which if committed by any licensed contractor would 
be grounds under the provisions hereinafter set forth for the suspension or revocation of 
contractor's license, or that the applicant has not committed any act involving dishonesty, 
fraud, or deceit; provided, no applicant shall be refused the right to an examination with- 
out being given an opportunity, upon such notice as may be prescribed by the Board, to 
appear before the Board and produce evidence in support of his application. If an appli- 
cant is an individual, examination may be taken by his personal appearance for exami- 
nation, or by the appearance for examination of one or more of his responsible managing 
employees, and if a co-partnership or corporation, or any other combination or organiza- 
tion, by the examination of one or more of the responsible managing officers or members 
of the personnel of the applicant, and if the person, or persons, so examined shall cease 
to be connected with the applicant, the license shall be cancelled immediatelv; however, 
if the contractor notifies the Board of such change, then in such event, the license shall 
remain in full force and effect for a period of thirty days thereafter, and then be cancelled, 
but the applicant shall then be entitled to a re-examination, all pursuant to the rules 
promulgated by the Board: provided that the holder of such license shall not bid on or 
undertake any additional contracts from the time such examined employee shall cease 
to be connected with the applicant until said applicant's license is re-instated as provided 
in the Act. In cases where the applicant has sent in two representatives for examination 
the fnreening holds true in the event one or both of the parties participating in the 
examination shall cease to be connected with the applicant. 

Examination!? shall he held quarterly and shall be scheduled during the last week 
of the first month of each calenHar quarter. The Board shall, however, have authority to 
vary the examination dates should it be found necessary so to do. Special^ examination 
may be held at the discretion of the Board when sufficient evidence is submitted^ to show 
that to wait for a regularly scheduled examination would work undue hardship on an 

124 



Rules and Regulations 

applicant or any owner or awarding authority seeking bids for some specific work where 
there are not sufficient qualified contractors to assure competitive bids. Fee for a special 
examination shall be $100.00 and shall be paid by applicant in addition to the regular 
license fees provided in the Act. 

Where a partnership is dissolved and both partners remain in the Contracting Busi- 
ness the license issued to the partnership shall be cancelled and both partners shall apply 
for an original license. However, should only one partner remain in the contracting busi- 
ness that one shall apply for a new license. 

Section 5. Under no circumstances shall a permit to bid, construct, or superintend 
the construction of any building or improvement of any kind costing $20,000.00 or more 
be given prior to taking the required examination; nor shall any permit be issued to any 
Mechanical Contractor to bid, construct, or superintend construction of any Mechanical 
work costing $7,500.00 or more prior to taking the required examination. The Board shall 
conduct a written examination of all applicants to ascertain the ability of the applicant 
to make a practical application of his knowledge of the profession of contracting, under 
the classification contained in the application, and to ascertain the qualifications of the 
applicant in reading plans and specifications, knowledge of estimating costs, construction, 
ethics or other similar matters pertaining to the contracting business. If the results of the 
examination of applicant shall be satisfactory to the Board, then the Board shall issue 
to the applicant a certificate to engage as a General or Mechanical Contractor in the 
State of South Carolina as provided in said certificate. 

General Contractors license may be limited into four classifications: (1) Highway 
Contractor, (2) Building Contractor, (3) Public Utility Contractor, and (4) Specialty 
Contractor, which shall include those whose operations as such are the performance of 
construction work requiring special skill and involving the use of specialized building 
trades or crafts, but which shall not include any operations now or hereafter under the 
jurisdiction for the issuance of license by any Board or Commission pursuant to the laws 
of the State of South Carolina. 

The Board shall issue a license as a matter of right to any person who shall have had 
an application on a prescribed form therefor on file for at least seven days, presents a 
bidder's or contractor's certificate issued by the South Carolina Highway Department 
under Section 33-223, and pays the license fees required by this chapter. 

Classifications covering mechanical contracting shall be under four fundamental 
branches of construction: namely, (1) Plumbing; (2) Heating; (3) Air Conditioning; 
and (4) Electrical. 

Section 6. Anyone failing to pass the examination as prescribed by the Board may 
again make application for the written examination without additional fee, or the appli- 
cant may withdraw his application and be refunded one-half of the application fee sub- 
mitted with the application. Should the applicant fail in any way to complete his appli- 
cation by either failing to furnish detailed information, such as financial information, 
surety recommendations, or any additional information as required by the Board, or 
should the applicant fail the examination for the second time; or fail to take the required 
written examination after being given sufficient notice to appear for examination, the 
application fee submitted with the application will be forfeited. Should the applicant desire 
to be further considered by the Board, or appear for the third examination, the applicant 
shall make a new application and pay the required application fee. The original certificate 
of license and the annual renewal license as issued by the Board shall contain the signa- 
tures of the Chairman and Secretary-Treasurer and shall be on display at the business 
location of the licensee at all times. The fact that an applicant can show that he is a 
graduate from a recognized college does not entitle him to license under any classification, 
but the entire record of applicant will be considered in issuing his license. 

Section 7. Classifications on General Contracting shall be under four fundamental 
branches of construction: namely, (1) Highway Contractor, (2) Building Contractor, 

(3) Public Utility Contractor, and (4) Specialty Contractor, or the Board may grant an 
unlimited and unclassified certificate to those applicants satisfying the members of the 
Board that said applicants are qualified and equipped to construct any type of project 
coming under the definition of a General Contractor. Each applicant shall qualify under 
one or more of the above classifications or any part or parts thereof. 

License to practice General Contracting shall be issued under +he followin? limitation 
groups: d) Limited Group — No one contract to exceed $75,000.00; (2) Intermediate 
Group — No one contract to exceed $300,000.00; and (3) Unlimited Group — Unlimited. 

Section 8. Classifications for Mechanical Contracting shall he under four fundamental 
branches of construction: namely, (1) Plumbing, (2) Heating, (3) Air Conditioning, and 

(4) Electrical: or the Board may grant an imlimited and unclassified Mechanical Con- 
tracting Certificate to those applicants satisfying the members of the Board that said 
applicants are qualified and equipped to engage in any type of Mechanical Contracting. 

125 Volume 7 



Code op* Laws of South Carolina 

License to practice Mechanical Contracting shall be issued under the following Limi- 
tation Groups: (.1) Limited Group — No one contract to exceed $25,UU(J.UU; (2; Inter- 
mediate Group — No one contract to exceed $1UU,U(JU.0l); and {3) Unlimited Group — Un- 
limited. 

Section 9. Any licensee desiring to be placed within a higher limitation group shall 
make application upon the prescribed form turiiislied by the Board tiurty days prior to 
being granted such an iuciease and shall tuniish evidence of ability to lurnish contract 
buna lor such aiiiouiils as required in the lugiier hiinlation and classincation for which 
application is made. Under no conditions shall a contractor be permitted to bid over liis 
liimtation prior to complying with llie above instructiuiis and being issued a higher limi- 
tation by tlie Board. Anyone desiring to acquire an additional classihcation or limitation 
shall be entitled to an examination and consideration as prescribed by the Board. Appli- 
cation for revision of license shall be hied at least thirty days prior to any regular exami- 
nation period. 

Section 10. Renewal of General or Mechanical Contractors License Certificates may 
be etiected during the month of January following the expiration date, December 31st, of 
the year issued, by hliiig proper application and hnancial statement on the forms then 
prescribed by the Board, and payment of a fee of $6U.U0. Requirement of a financial state- 
ment to support renewal applications may be waived; however, applicant shall furnish a 
current financial statement upon the form prescribed by the Board within 3U days after 
requested so to do by the Board. Applications for renewal of General and Mechanical 
Contractor's license received after January 31st following the year issued shall be treated 
as original applications and shall require a thirty day waiting period before approval. 

Should the applicant desire a change in classification or limitation of his license, he 
should so inform the Board in order that he may be notified as to tiie date of the first 
quarterly examination following such notification in order that he may have a certified 
representative of his firm appear for examination under the classification and/or limitation 
desired. 

A certificate of license to replace any certificate lost, destroyed or mutilated may be 
issued by the Board at a fee of $1.00 upon receipt of a sworn statement by licensee that 
such certificate has been lost, destroyed or mutilated. 

Bidder's License: Any person engaging in the business of general or mechanical 
contracting as a prime contractor in this State shall pay an annual bidder's license fee of 
one hundred dollars. This fee shall be due and payable on January 1st of each year or 
prior to offering or submitting any bid as a prime contractor, which would classify him 
as a general or mechanical contractor, when the bid exceeds $20,000.00. Persons employed 
on a per diem or monthly basis or whose sole business is that of supervision shall not be 
required to pay the license fee prescribed by this section. Sub-contractors bidding to li- 
censed prime contractors are not deemed to come under the requirements for a Bidder's 
License. 

Section 11. Violations: (a) Any person not duly authorized who shall attempt to 
practice general or mechanical contracting in this State, except as provided for in the 
Act and any person (1) presenting or attempting to file as his own the license certificate 
of another; (2) who shall give false or forged evidence of any kind to the Board or to 
any member thereof in acquiring a certificate or license; (3) who falsely shall impersonate 
another; (4) who shall use an expired or revoked certificate or license; or (5) any person 
licensed hereunder who shall allow any other person to use his license in any way shall 
be guilty of a misdemeanor and it shall be the duty of the Secretary-Treasurer of this 
Board, or other authorized agent, to report same to the prosecuting attorney, in the 
county where any violation occurs, and to assist said attorney, solicitor or others in prose- 
cuting any case which may come to his notice. 

(b) It shall be a misdemeanor punishable in the discretion of the court for any 
architect, engineer, awarding authority, owner, contractor, or person acting therefor, to 
receive or consider any bids unless the bidder has first obtained the licenses provided for 
in this chapter. 

Sect^'on 12. It shall he the duty of the members of this Board to see that all archi- 
tects and engineers preparing plans and specifications for work to be constructed in the 
State of South Carolina shall include in their invitations to bidders and in their specifica- 
tions a copy of this Act or such portion thf^reof as is deemed necessary to convey to the 
bidder, whether he is a resident or non-resident of thi'; State and whether a license has 
be«"n erantf'd to him or not. the information ♦^hpt 't will he necessary to show evidence of 
Bidder's License and/or General or Mechanical Contractor's License under proper classi- 
fication and limitation group before his bid may he opened or considered. 

Section 13. The appointment of a receiver for bankruptcy proceedings of anyone 
licensed under this Act shall be considered evidence suflficient for revocation of license. 

126 



Rules and Regulations 

Section 14. It shall be the duty of engineers, architects, firms, corporations and 
others receiving bids from General or Mechanical Contractors as construed under the Act 
for licensing contractors in South Carolina, to report to the Secretary of the Board all 
work coming under their jurisdiction. The notification shall include the time and place 
for receiving bids, the estimated cost and nature of the work together with a list of 
prospective bidders. Such notices shall be filed in time to reach the Board at least twenty- 
four hours in advance of the date of receiving bids. Immediately after the contract is 
awarded, the Board shall be notified giving name of contractor and the amount of the 
contract. 

Section 15. It shall be the duty of the building official, or other authority charged 
with the duty of issuing building or other similar permits, of any incorporated municipality 
or subdivision thereof to refuse to issue a permit for any undertaking which would classify 
the applicant therefor as a general or mechanical contractor under the provisions of this 
Chapter unless the applicant has furnished evidence that he is either licensed as required 
by this Chapter or exempt from the requirements thereof. It shall also be the duty of the 
building official or other authority charged with issuing building or other similar permits, 
to report to the State Licensing Board for Contractors the name and address of any 
person, firm, or corporation who, in his opinion, has violated this act by accepting or 
contracting to accomplish work which would classify such person as a general or mechani- 
cal contractor under the provisions of this Chapter. 

Cosmetic Art Examiners, State Board of. 

Adopted by the South Carolina State Board op Cosmetic Art Examinbm. 
Pursuant to § 56-471, S. C. Code of 1952. 

Curriculum and Rules for Recognized Schools and Colleges of Beauty Culture. 

Sanitary Rules and Regulations for Cosmetology Establishments Operating in South 
Carolina. 

CURRICULUM AND RULES FOR RECOGNIZED SCHOOLS AND COLLEGES 

OF BEAUTY CULTURE. 

(Filed Secretary of State's office August 14, 1952.) 

General Information: 

The following is the approved curriculum for a course consisting of 1.000 hours or more 
governing schools and colleges of beauty culture in the State of South Carolina, approved by 
the South Carolina State Board of Cosmetic Art Examiners, the State Board of Education and 
the Educational Committee of the Registered Cosmetologist Association of South Carolina. 

The office of the Board is available for information to any school or student concerning 
the requirements of this Board, as well as for information concerning the law. 

This Board, in answering inquiries by prospective students, will submit a list of the 
approved schools only without comment. 

No school or college of beauty culture shall operate within this State, until an inspec* 
tion has been made and permission has been granted by the Board. 

Teaching and Instructing Staff: 

All teachers in schools or colleges of beauty culture must have at least a high school 
education, with two years' experience as a Registered Cosmetologist, and must have re- 
ceived at least three (3) semester hours in Methods of Teaching as prescribed by the 
State Board of Education and must have received training in advanced Cosmetology and in 
Hair Styling as approved by the State Board of Cosmetic Art Examiners. 

All teachers must pass a teachers' examination as prescribed by the State Board of 
Cosmetic Art Examiners and must hold a Teacher's Certificate issued by the Board. 

No student will be accepted for examination from schools where instructors' health 
certificates, certificates as registered cosmetologists and teacher's certificates are not up- 
to-date, in order, and in full force. No school of beauty culture shall be approved by this 
Board, that does not provide at least one instructor for the first twenty students, or fraction 
thereof; two instructors if the number of students enrolled in the school shall be more 
than twenty and less than thirty-five. If the number of students enrolled in the school shall 
exceed thirty-five, then one instructor for each twenty students enrolled shall be employed. 

An instructor shall be in the study and classroom of a school during all class and 
study hours, and will be required to supervise all practice student work. 

Every instructor in an approved school shall devote his or her entire time, during school 
or class hours, to that of instructing the students, and shall not apply her time to that of 
private or public practice for compensation, or permit students to instruct or teach co-students 
in the absence of a teacher. 

127 



Code; of Laws of South Carolina 

The Board requires that a duly licensed physician must be on the consulting Acuity 
of every school. 

Registration: 

Students must be registered with the Board on proper entry blanks, not later than ten 

(10) days after entering school. All enrollments must be accompanied by health certificates, 

a birth certificate, and proof of at least seventh grade education. 

Limitations: 

A beauty school is not permitted to operate as a beauty shop. 

No school or college of beauty culture shall be approved that does not maintain a regular 
schedule of at least six clock hours daily, at least five (5) days a week, as prescribed by 
the Board, and no school or college shall operate with less than an enrollment of six (6) 
regular students. 

No school or college of beauty culture shall permit its students to practice beauty culture 
upon the public under any circumstances except by way of practice work upon persons willing 
to submit themselves to such practice after having first been properly informed that the 
operator is a student. 

A sign to read, "SCHOOL OF BEAUTY CULTURE, WORK DONE EXCLUSIVELY 
BY STUDENTS", in letters large enough to be read the length of the room, is to be dis- 
played in the reception room and workrooms. 

No school or college of beauty culture shall, directly or indirectly, charge any money 
whatsoever for services rendered by its students, but may charge only for cost of supplies 
used. No school or college of beauty culture shall advertise in any way whatsoever except 
for students. 

Practical performance and attendance records must be kept for each student. This record 
is to be posted daily from the "Students' Daily Reports". 

All of these records must be kept up-to-date for checking by the State Board of Cosmetic 
Art Examiners or assistants and a duplicate must be filed each month with the Cosmetic 
Art Board. 

Before graduation, it shall be the duty of each recognized school to give a final examina- 
tion to every student who is a candidate for a diploma, and each student must make a passing 
grade of 75 or more. This grade, together with a practical performance and attendance 
record, with application for examination, must be filed with the Board, together with the 
required fees, ten (10) days before examination date, for permanent records. 

Students failing the State Board Examination for two consecutive times are required to re- 
ceive further training before attempting the examination for the third time. It shall be at the 
discretion of the Board as to the number of hours required, and students shall be so notified. 

No permits shall be issued to students to practice for compensation although they have 
finished their course, until they have passed the apprentice examination before the Board, 
and received their certificates as a registered apprentice. 

Advanced Training: 

Any school offering advanced training in Cosmetology and Hair Styling must register 
with the Cosmetic Art Board and a course of study for such training shall be furnished 
the school by the Board. This class is to be operated entirely separate to the regular classes. 

Curriculum: 

Students are required to pass an examination based on the following suggested minimum 
hours : 

Subject Hours 

Permanent Waving 230 

Marcel Waving 25 

Finger Waving 75 

Pin Curling 80 

Facials : Plain and Electric 40 

Scalp 40 

Cosmetic Chemistry SO 

Eyebrow Arching 8 

Manicuring 50 

Hair Shaping SO 

Shampoo ■ 65 

Rinses 10 

Hair Dyeing 30 

Hair Bleaching 10 

128 



RutE;S AND REIGUIvATIONS 

Subject Hours 

Eyebrow and Eyelash Dyeing 10 

Electricity 30 

Sanitation — Disinfection — Hygiene 30 

Theory 90 

Lectures IS 

Safety Measures 12 

State Law 8 

Ethics 12 

Unassigned 30 

TOTAL 1,000 

We recommend that colored students complete at least eighty (80) hours in permanent 
waving and one hundred and fifty (150) hours in pressing. 

The above work shall be given to the students through practical demonstration and 
recitations. These recitation periods shall include lectures, questions, answers, and written 
examinations. All papers written shall be carefully graded and returned to the students in 
order that they may see their errors and a permanent record of these grades kept at all 
times by the schools. 

Equipment: 

(A) General Equipment: 

No school will be approved by the Board, having less than the following equipment: 
Practice room equipment for 20 students, or less — number of pupils above 20 shall be furnished 
the same equipment in ratio of the equipment required for 20: 
3 Shampoo bowls 
3 Shampoo chairs 
3 Hair dryers 
12 Fingerwaving chairs 

3 Manicure tables with chairs and lamps (6 chairs) 
1 Facial chair and ottoman 
3 Hair dryer chairs 
6 Double vanities 
Marcel heaters 
1 Wall plate 

3 Towel containers with tops 
1 Operator's stool 

1 30 heater permanent wave machine complete with protectors and rods for six wavei 
1 Wet Sterilizer (sufficiently large to accommodate instruments used by 20 students) 
1 Dry Cabinet (sufficiently large for tools and instruments for 20 students) 
1 Dressing room with place for coats, hats and uniforms, with mirrors (approximately 

10 feet by 8 feet) 

Desk and chair for teacher 

Settee and chairs for reception room 

Drinking fountain 

4 Waste containers 

Sufficient blocks with wefts of first quality hair for use in practicing marcelling, 
finger-waving, and permanent waving. These blocks to be placed on firm stands. 

(B) Study and Classroom Eauioment: 

A separate recitation and study room is required with the following equipment: 
Sufficient charts, blackboards, to teach all subjects of beauty culture. Sufficient chain 
preferably with arm rests for classroom work, such as taking notes. 
Room shall be entirely separate from practice room. 

(C) Dispensing Room Equipment: 

Each school is required to furnish a supply or dispensing room in which each student 
may obtain actual experience, for a period of one to three weeks, as indicated by the course 
of instruction. The student will be directly responsible to the instructor. 
Soap dispenser 
Waste container 
Record book, to be signed by the student on receiving supplies and on returning 

or accounting for same 
Supply of clean linens, neck cloths and strips, etc. 

129 



Code of Laws of South Carolina 

Bottles and containers in use distinctly and correctly labeled 
Cabinet for accessories 

Measuring cups for preparation of solution from stock supplies 
Various solutions and preparations used 

Sanitation: 

Sanitary rules and regulations applicable to beauty shops shall apply to beauty schools. 

If a beauty school is located with some other business, separate rooms must be provided 
for beauty school work. Every school conducted in connection with a home shall provide 
a separate entrance to such school which shall not open from any living quarters of the house 
or any part of the house, other than tne entrance to the building. 

Reference Books for Course in Cosmetologjy: 

Hair Dyes and Hair Bleaching 

Authors — H. Stanley Redgrove and Gilbert A. Foam 

Publisher — William Heinman, Chicago Medical Book Co., Chicago, 111. 

Creative Teaching 

Author— F. Theodore Struck, Ph.D. 

Publisher — John Wiley & Sons, Inc., New York, N. Y. 

Types of Elementary Teaching and Learning 

Author — Samuel Chester Parker 

Publisher— Ginn & Co., Atlanta, Ga. 

Psychology and Life 

Author — Floyd L. Ruch 

Publisher — Scott Foresman & Co., Atlanta, Ga. 

Text Book of Histology 

Authors — Alexander H. Maximow and William Bloom 

Publisher — W. B. Sanders Co., Philadelphia, Penn. 

The Chemistry of Cosmetic Practice 

Author— Francis Williams Howes, A.B., Ch., M.A., 10315 Campbell Ave., Chicago^ 

Illinois 
Principles of Professional Beauty Culture. 
Author — Herman Goodman, B.S., M.D. 

Publisher— McGraw-Hill Book Co., Inc., New York, N, Y. 
A Text Book of Chemistry 

Authors— Stella Goostray, R.M., B.S., Walter G. Karr, M.S., Ph.D. 
Publisher— The Macmillan Co., New York, N. Y. 
Gould's Medical Dictionary 
Author — C. V. Brownsloy and Staff 
Publisher— The Blakiston Co., Philadelphia, Pa. 
The Principles and Practice of Beauty Culture 
Author— Florence E. Wall, A.M., F.A.I. C. 
Publisher — Keystone Publications, New York, N. Y. 
The Basis of Light in Therapy 
Author — Herman Goodman. B.S., M.D. 
Publisher — Medical Lay Press, New York, N. Y, 
A Treatise on Permanent Wave Burns 
Author— Noble M. Eberhart. M.D.. Ph.D., D.C.L. 

Publisher— New Medicine Publishing Co., 25 E. Washington Street, Chicago, Illinois 
Surgical Nursing and After-Treatment. 
Author— H. C. Rutherford Darling, M.D., M.S. 

Publisher— J. & A. Churchill Ltd., 104 Gloucester Place, Portman Sq., London 
Cosmetology Jurisprudence 
Author — Romeyn Samnans 

Publisher— Parker & Baird Co., Los Angeles, California 
Technic of Electro-Therapy 
Authors— Stafford L. Osborne, M.S., Ph.D., and Harold J. Halmquest, B.S., B.S. 

(M.E.) 
Publisher — Charles C. Thomas, Springfield, 111., or Baltimore, Md. 
An Introduction to Dermatology 
Authors— Richard L. Sutton, M.D., ScD., LL.D., F.R.S. and Richard L. Sutton, Ju 

A.M., M.D., L.R.C.P. 
Publisher— The C. V. Mosby Co., St. Louis, Mo. 
The Hair and Scalp 
Author — Agnes Saville 

Publisher— The Williams & Wilkins Co., Baltimore, Md. 
How to Read a Book 

130 



RuLiiS AND Regulations 

Author — Mortimer Adler 

Publisher — Simon & Schuster, New York, N. Y. 

It is not expected that the students will read all or any one of these books. However, It 
will be necessary for them to be acquainted with those sections that are basic to the study 
of beauty culture. 

SANITARY RULES AND REGULATIONS FOR COSMETOLOGY ESTAB- 
LISHMENTS OPERATING IN SOUTH CAROLINA 

(Filed Secretary of State's office March 25, 1959.) 
All beauty shops, schools and colleges of beauty culture, or other hair-dressing 
establishments shall before opening in the State notify the Board in writing at least 
thirty (30) days in advance so that an inspection may be made by tiie Board or its 
Agents, to determine whether the shop has satisfactory facilities and equipment and to 
determine the sanitary and safety conditions of the premises. All shops and schools 
must be open for inspection at all times during business hours to any members of the 
South Carolina State Board of Cosmetic Art Examiners or its Agents or Assistants. 

1. Lighting and Ventilation: All beauty shops and schools shall be provided with 
adequate natural or artificial light and shall be properly ventilated. 

2. Floors: Floors must be kept mopped or waxed and walls, furniture and other 
fixtures must be kept clean, free from dust and in good repair. 

3. Equipment: Beauty Shop equipment must be kept clean at all times. All electrical 
outlets and equipment must be kept in good repair. 

4. Wet Sterilizer: All Beauty Shops shall have at least one wet sterilizer (Fish-ket- 
tle preferred) containing an authorized disinfectant and must be large enough to be used 
for sanitizing all instruments, combs, brushes, etc., used in the beauty shop or school. 

5. Dry Cabinet: Beauty Shops shall have at least one dry cabinet with mesh 
shelves and large enough to accommodate all sanitized instruments, combs, brushes, linens, etc., 
used in the Beauty Shop or School. This cabinet must at all times have a small container filled 
with 40% formaldehyde. 

6. Towels: Clean towels must be kept in the dry cabinet until ready for use. Soiled 
towels must be kept in a container. Every operator shall use separate and clean towels 
for each patron. 

7. Manicurists: A Manicurist is required to supply herself with tincture of iodine 
U.S. P., or equivalent antiseptic approved by the State Board of Health, to be used on 
skin of patient if it should accidentally be broken during the process of manicuring. 
She must cleanse her instruments with soap and water, and immerse in 70% alcohol 
for at least 10 minutes. The alcohol for this purpose may be kept in a covered con- 
tainer of such size as will accommodate the instruments. When not in use, she must dry 
instruments and keep in a dry cabinet. Extra buffer covers and an additional set of in- 
struments shall be available to provide for adequate sanitation. 

8. Hot and Cold Running Water: Every owner of any beauty establishment must 
supply hot and cold running water in such quantities as may be necessary to conduct said 
beauty establishment in a sanitary manner. 

9. Beauty shops and schools shall comply with the Industrial plants regulations of 
the State Board of Health pertaining to water supplies, common cups, drinking foun- 
tains, and toilet facilities; and further all beauty shops and schools which are located in 
private residences shall provide toilet facilities for the use of the operators and cus- 
tomers only in said shops and schools. 

10. Appearance of Operator: All operators shall wear washable outer linen apron, 
uniform, or coat, which shall be kept clean. 

IL General Conditions: (a) The use of a beauty shop as living, dining or sleeping 
apartment is prohibited. If a beauty shop is located in a private residence a separate 
room must be provided for beauty parlor work. Shops conducted in connection with a 
home shall provide a separate entrance to such shop and there shall be no entrance to 
or from any living quarters or any part of the house, other than the entrance to the shop, 

(b) No owner, or manager, of a beauty establishment shall permit any person to work 
in said beauty establishment without first posting his or her current South Caroliua 
Cosmetology License or Permit. 

(c) Every person engaged in the beauty establishment must thoroughly cleanse his or 
her hands immediately before serving each patron. 

(d) All creams, lotions and other cosmetics used for patrons must be kept in clean 
and closed containers. 

131 



Code of Laws of South Carolina 

(e) Open powder boxes, rouge and lipstick must not be used in a reception room for 
patrons. The powder must be kept in shakers or similar receptacles. Individual lipstick and 
rouge shall be used. 

(f) Lotions, or fluids, must be poured into a clean glass, or other sanitized container, 
and applied to patrons by means of cotton or other sterile methods. 

(g) Creams and other semi-solid substances shall be dipped from the container with 
sterile article or spatula. Removing such substances with the fingers is prohibited. 

12. License Posted: Upon approval of a shop — a shop License will be issued and 
it shall be posted in a conspicuous place. Beauticians must display in a conspicuous place 
their South Carolina current license to practice cosmetology in this State. 

13. Rules Posted: A copy of these rules and regulations must be posted in Beauty 
Shops, Schools, Colleges and other hair-dressing establishments. 

The willful and continued violation of these rules and regulations adopted by the State 
Board of Cosmetic Art Examiners, and approved by the State Board of Health, constitutes ■ 
misdemeanor, punishable upon conviction by a fine of not less than $10.00 and not more than 
$50.00, or imprisonment for not less than ten days and not more than thirty days. Act 771, Sec- 
tion 28 (f), of the Acts of the General Assembly of 1934, codified as Section 56-481, Code of 
Laws of South Carolina, 1952. 

(Filed Secretary of State's office August 14, 1952.) 
License Fees for Nonresident Cosmetologist: Effective September 10, 1952, the 
Board shall charge the sum of $15.00 to any nonresident cosmetologist who applies to the 
Board for a cosmetologist license and the Board shall charge any nonresident the sum of $10.00 
upon applying for an apprentice examination. This requirement shall be in add'.tion to the regu- 
lar requirements pertaining to resident cosmetologists and apprentices. 

Courts, Supreme and Circuit. 

Adopted by Justices of the Supreme Court uneEss otherwise stated. 

RULES OF PRACTICE FOR THE CIRCUIT COURTS OF SOUTH CAROLINA. 

Adopted by Justices of the Supreme Court and Judges of the 

Circuit Courts. 

Pursuant to § 10-16, S. C. Code of 1952. 
See page 47 of this volume. 

RULE ON DISCIPLINARY PROCEDURE FOR ATTORNEYS. 

See page 70 of this volume. 

RULES FOR THE EXAMINATION AND ADMISSION OF PERSONS TO 
PRACTICE LAW IN SOUTH CAROLINA. 

See page 80 of this volume. 

RULES OF THE SUPREME COURT OF SOUTH CAROLINA. 

See page 53 of this volume. 

Dairy Cominission, State. 

Adopted by the South Carolina Dairy Commission. 

Pursuant to §§ 32-1634.46 and 32-1634.61, this Supplement to S. C. Code of 1952 
[§§ 8 and 9 of Act 255 of 1955, p. 496]. 

Controlled Market No. 1. 
Milk Marketing Order No. 1. 
Rules and Regulations. 

CONTROLLED MARKET NO. 1. 
Abbeville, Anderson, Cherokee, Greenville, Greenwood. Laurens, Oconee, Pickens, 

Spartanburg and Union Counties. 

OFFICIAL ORDER NO. 1. 

(EfiFective July 20, 1959) 

(Filed in the office of the Secretary of State July 24, 1959.) 

The South Carolina Dairy Commission has declared a state of emergency to exist 

in the counties of: Abbeville, Anderson, Cherokee, Greenville, Greenwood, Laurens, 

132 



RuivEs AND Ri;gulations 

Oconee, Pickens, Spartanburg and Union, and has designated the area comprised of 
those counties as Controlled Market No, 1. 

The Commission further ordered that all prices which have been duly filed with 
and accepted by the Commission, mcluding prices paid to milk producers by distributors 
and the wholesale and retail prices received by licensed distributors of milk for milk 
and fluid milk products, be frozen at their current levels pending the issuance by the 
Commission of an Official Order establishing the minimum prices at the producer, whole- 
sale, and retail levels in Controlled Market No. 1. 

OFFICIAL ORDER NO. 2. 

(Effective September 1, 1959) 

(Filed in the office of the Secretary of State August 18, 1959.) 

1. The Commission hereby establishes and issues the MINIMUM price by units of 
products at which grade A milk and grade A fluid milk products may be advertised and 
offered for sale or sold at wholesale and retail within the counties comprising Controlled 
Market No. 1 by any retail outlet or licensed distributor of milk. The minimum RETAIL 
prices are set forth in Schedule A and the minimum WHOLESALE prices are set forth 
in Schedule B. Schedule B is attached and made a part of this Order and is transmitted 
herewith to all appropriate parties. 

2. Milk and fluid milk products sold and delivered to charitable organizations of a 
public or semi-public nature which buy milk solely for free distribution to the needy shall 
be exempt from the minimum prices established by the Commission. 

3. Combining the sales price of milk or fluid milk products with that of any other 
item or service, except such products served with meals by restaurants and similar retail 
outlets is expressly prohibited. 

4. No licensed distributor of milk or retail outlet, or their officers, agents, or em- 
ployees, shall engage in or permit any method or device in connection with the distribu- 
tion or sale of grade A milk and fluid milk products, (whether moving from a distributor 
of milk to a customer or consumer or from a retail outlet to a customer or consumer), 
whereby such products are sold or offered for sale at a price or prices less than those 
established by or in accordance with this Order, or any Order issued by the Commission 
and duly filed with the Secretary of State, whether by discounts, rebates, redeemable 
certificates or stamps, extension of credit beyond the usual course of business, free 
service, gift or loan of anything of value, or other valuable consideration, the results of 
which will he to reduce the net price to purchasers below the minimum prices established 
for grade A milk and fluid milk products in Controlled Market No. I. 

5. Solicitation by or collusion or joint participation between or among any parties 
aflFected by this Order to violate this Order shall make all persons participating therein 
subject to the penalties of Section 32-1634.68 of the 1952 Code of Laws of South Carolina. 

6. All parts of Official Orders relating to Controlled Market No. I previously issued 
by the South Carolina Dairy Commission inconsistent with Official Order No. 2 are 
hereby superseded. 

Schedule A 

MINIMUM RETAIL PRICES 
FOR 
CONTROLLED J 

Products Gal. 

Pasteurized or Creamline Milk $ .98 

Homoprptiizpd Milk ("Vitamin D added) . .98 

Raw Milk Cnot pastpurizpd") .90 

Snecial Brped and MiiUi-Vitamin Milk .98 

Flavored MHk and Drink 98 

Creamed Buttermilk 98 

Cultured (plain) Buttermilk 72 

Skim Milk 72 

Heavy or Whipning Cream 

Lifrht or CoflFee Cream 

Half and Half 

Egg Nog 



133 



lRP 


:et 


NO. 1 












Units 








54 Gal. 


Qts. 


Pts. 


10-oz. 


^/4Pts. 


$ .51 


$ .26 


$ 


.15 


$ .12 


$ .10 




51 


.26 




.15 


.12 


.10 




47 


.24 




.14 




.09 




51 


.26 




.15 


.12 


.10 




51 


.26 




.15 


.12 


.10 




51 


.26 




.15 


.12 


.10 




37 


.19 




.11 


.09 


.07 




.37 


.19 
1.50 
.90 
.52 
.80 




.11 
.80 
.50 
.29 


.09 


.07 
.42 
.27 
.18 



Cods oif Laws of* South Carolina 



Schedule B 

MINIMUM WHOLESALE PRICES* 

FOR 

CONTROLLED MARKET NO. 1 

Units 
Products 5 Gal. 

Pasteurized or Creamline Milk $4.60 
Homogenized Milk 

(Vitamine D added) 4.60 

Raw Milk (not pasteurized) 

Special Breed and Multi- 
Vitamin Milk 4.60 

Flavored Milk and Drink 4.60 

Creamed Buttermilk 

Cultured (plain) Buttermilk 

Skim Milk 

Heavy or Whipping Cream 

Light or Coffee Cream 

Half and Half 

Egg Nog 

OFFICIAL ORDER NO. 3 

(Effective September 1, 1959) 

(Filed in the office of the Secretary of State August IS, 1959.) 

1. The Commission hereby establishes and issues the following schedule of minimum 

prices per hundred weight (f. o. b. the processing plant), by classes of milk, to be paid 

for milk received from producers by grade A milk distributors located in Controlled 

Market No. 1. 

Schedule of MINIMUM Producer Prices 

4% Price 
Per cwt 

Class I $6.50 

Class II 4.50 

Class II-A 4.50 

Class III 3.00 



Gal. 


YzGah 


Qts. 


Pts. 


10-oz. 


*/^Pt8. 


$ .92 


$ .47 


$ .24 


$ .13 


$ .09 


$ .07 


.92 


.47 


.24 


.13 


.09 


.07 


.84 


.43 


.22 


.12 




.06 


.92 


.47 


.24 


.13 


.09 


.07 


.92 


.47 


.24 


.13 


.09 


.07 




.47 


.24 


.13 


.09 


.07 




.33 


.17 


.09 


.07 


.05 




.33 


.17 


.09 


.07 


.05 


4.00 




1.30 


.70 




.37 






.75 


.40 




.22 






.47 


.24 




.15 






.70 









B.F. Differential** 

Per cwt 

$ .07 

.07 

.07 

.07 



* The minimum wholesale prices set forth above shall not apply to whole milk and 
flavored milk or drink sold and delivered in bulk cans and in J^ pint units, under the 
conditions specified, to the following: 

1. Private, public, or parochical schools and state or church supported colleges or 
universities for service to students in non-profit feeding facilities operated directly by 
such institution for the benefit of students; and 

2. Non-profit institutions, such as hospitals, homes for the aged and similar institu- 
tions, for service to patients in non-profit feeding facilities operated directly by such 
institutions for the benefit of patients. 

However, each milk processing plant which distributes milk and milk products, directly 
or indirectly through sales branches or sub-distributors, in Controlled Market No. 1, 
shall establish and file with the Commission the unit price at which whole milk and 
flavored milk or drink in bulk cans and ^ pint units will be offered for sale to such 
institutions specified above. Prices so established shall be charged uniformly for all 
sales to all such institutions. A licensed distributor of milk shall notify the Commission 
and every other licensed distributor of milk in Controlled Market No. 1, in writing by 
certified mail, ten (10) days prior to sale or offer to sell at prices less than those so 
established for such institutions. The ten day prior notice is not required in order to meet 
a competitive price duly filed, however, the Commission shall be advised in writing in 
advance of any changes in the prices initially established following the issuance of this 
Order. 

** All distributors, who determine the butterfat content of each producer's milk, shall 
pay the producers the specified differential per hundred pounds for each one-tenth (1/10) 
of one per cent (1%) above four per cent (4%) butterfat, and shall deduct the same 
differential per hundred pounds for each one-tenth (1/10) of one per cent (1%) below 
four per cent (4%) butterfat, for all milk received from producers. 

134 



RUI.ES AND ReGUIvATIONS 

2. The "Classification of Milk", "Rules of Classification", and "Method of Settlement" 
as defined and set forth in Section II of Milk Marketing Order No. 1 shall apply to all milk 
purchased, sold, and utilized by milk distributors located in Controlled Market No. 1. 

3. The hauling rates charged to producers for transporting their milk from the farm 
to the processing plant, which were in effect on July 31, 1959, shall not be increased 
without prior written approval of the Commission. Handling and additional hauling 
charges may be charged to producers only on that portion of Class III milk sold and 
delivered to other milk processing plants, however, such charges shall not exceed the 
actual cost of handling and hauling such milk. 

4. All parts of Official Orders relating to Controlled Market No. 1 previously issued 
by the South Carolina Dairy Commission inconsistent with Official Order No. 3 are 
hereby superseded. 

MILK MARKETING ORDER NO. 1. 
(Filed in the office of the Secretary of State September 3, 1955, except as otherwise noted.) 
This regulation (filed September 3, 1955) shall be effective on and after October 1. 
1955. 

Section I. Definitions. 

As used in this regulation the following words or terms are defined as follows: 

A. "Act" means Act No. 255 passed by the 1955 General Assembly of the State ci 
South Carolina and approved by the Governor on the eleventh day of May, 1955. 

B. "Classification" means the classifying of milk and miik products into classes ac- 
cording to utilization. 

C. "Delivery Period" means the calendar month. 

D. "Base" means the average milk deliveries of a producer for a desiprnated perfod 
that is established on an equitable basis with all other producers and is used for allocating 
the various classes of milk. 

E. The following terms as used herein shall have the same meaning as defined In the 
Act: "Commission", "Milk Distribution", and "Producer". (This item as amended filed 
December 17, 1959.) 

F. "Special milk" means Jersey Creamline, Golden Guernsey, or other milk producjsd 
by a herd of registered cattle and/or grade cattle recognized as a qualified special milk 
producing herd, which milk is advertised and sold by a distributor as special milk. (Item 
F filed July 24. 1956.) 

G. Sub-Distributor means any person distributing milk at retail or wholesale who 
does not process or bottle the milk products he distributes or sells; provided such person 
is engaged primarily in the distribution of milk and fluid milk products and performs all 
the functions of a milk distributor in the distribution thereof; and provided further such 
person has an exclusive actual or legal franchise to distribute within a clearly defined 
geographical area all milk and fluid milk products offered for sale by the milk processing 
plant represented by such person. (Filed as added December 17, 1959). 

Section II. Classification of milk, computation of classes, and method of settlement. 
(Section II as amended filed August 7, 1958, in Secretary of State's office.) 
A. Milk Classification: 

1. Class I shall include all sales of processed fluid milk* and fluid milk products* 
containing one per cent (1%) or more of milk fat (excluding sour cream), except as 
herein specified in Class II-A. Fluid cream and milk cream mitxures and concentrated 
milk in excess of six per cent (6%) butterfat shall be included in Class I on a milk 
equivalent basis**, 

2. Class II shall include all sales of fluid milk products containing less than one per 
cent (1%) of milk fat and not accounted for in the milk equivalent of Class I cream and 
milk cream mixtures sales. 

3. Class II-A shall include all fluid milk and milk products sold to U. S. government 
military installations, except such fluid milk and milk products sold to such installations 
for resale through post commissaries, post exchanges or other establishments. Fluid milk 
and fluid milk products sold to such installations for resale shall take their respective 
classification as defined above. 



• The actual weight of sugar and chocolate or other flavoring used in the total sales of flavored milk 
or drink may be deducted from the gross weight of flavored milk or drink sales. 

•• The weighted average butterfat test of all producer milk received during the settlement period shall 
be used in converting cream and milk-cream mixtures lin excess of six per cent (6%) butterfat] to a milk 
•quivalent basis. Those distributors that do not determine the weighted average butterfat test of producer 
fnilk shall convert cream and milk-cream mixtures [in excess of six per cent (6%) butterfat] to a four per 
cent (4%) milk equivalent basis. 

135 



Code of Laws of South Carolina 

4. Class III shall include all milk received and not accounted for in Class I, Class II, 
and Class 1 1- A. 

B. Rules of classification: 

(This subdivision, B, as amended, filed July 24, 1956.) 

1. Any whole milk in fluid form sold or transferred to other distributors shall be 
classified as Class III by the shipping distributor. The receiving distributor shall return 
to the shipping distributor not less than the receiving distributor's price on file with the 
State Dairy Commission for the class or classes in which the transferred whole milk was 
finally utilized. The shipping distributor shall return to his producers the price received 
for transferred whole milk, and if any, less reasonable handling and transportation charges. 

2. Distributors shall determine the Class III price to be paid producers by blending 
the price received for transferred whole milk with plant's Class 111 price which has been 
duly filed with the Commission. The Class III blend price shall be a blend of the price 
per hundred weight and, in cases of varying butterfat differentials, a blend of the butter- 
fat ditferential. When the total transferred whole milk exceeds the total Class III to be 
allocated to producers, the blend price shall be computed from the highest priced quantity 
or quantities used and/or transferred. The blend price per hundred weight shall be com- 
puted to the nearest cent and the blend of varying butterfat dilferentials shall be computed 
to the nearest one half of one cent per point. 

3. Milk supplied by regular producers shall at all times be included in the highest 
classification belore milk and/or milk products received from other distributors or outside 
milk sources are classified. 

4. The total pounds of special milk sold by each distributor shall be included in 
the total of all tiuid milk sales allocated to all producers as Class I credit. The per hun- 
dred weight premium to be paid special milk producers as agreed upon between such 
producers and distributors shall be added to the regular Class 1 price filed by such distri- 
butor with the Slate Dairy Commission. In order that the agreed fixed premium might be 
applied uniformly to all special milk credited as Class I, the following formula shall be 
used: Compute the per cent of total pounds of special milk sold of the total Class I credit 
allocated to special inilk producers (total pounds of special milk sales -^ total Class I 
credit allocated to special milk producers). Multiply the fixed special milk producer 
premium by this percentage and add the resulting figure to the regular Class I price. All 
special milk producer deliveries credited as Class 1 will be paid uniformly at this rate. 

5. Milk used by a distributor, including the amount of by-products reconstituted from 
powdered or condensed products and not accounted for in sales of milk, inventory hold- 
ings, or manufacture of dairy products will be known as 'unaccounted for milk'. 'Unac- 
counted for milk', including plant and route loss, in excess of three per cent (3%) of the 
total milk available for use, less ending inventories of bulk milk and cream, shall be in- 
cluded as additional credit to Class I allocation to producers. Effective November 1, 
1957, the amount of "unaccounted for milk" in excess of two and one-half percent of the 
total milk available, less ending inventories of bulk milk and cream, will be included 
as additional credit to Class I allocation to producers. (Last sentence filed as amended 
December 3, 1957.) 

C. Computation of milk in each class: 

1. All distributors shall compute the total pounds of milk in each class and allocate 
these totals to regular producer deliveries (including distributor-owned herds) for each 
delivery period. All classified settlements with producers computed under the base plan 
shall he made in accordance with the trrethod of allocating classes of milk as specified 
in Table I of these regulations. 

2. To compute the weight of fluid milk, flavored milk or drink, whole lactic milk, 
creamed buttermilk, skim milk, plain buttermilk, cream and milk-cream mixtures in each 
class, multiply the units by the following weight factors: 

Skim milk 
Milk or Flavored (Inch plain Cream Testing 10-43% 

Drink (6% or less) B'milk) 10-17 18-21 22-28 29-32 33-39 40-43 

Gal 8.6 8.65 8.5 8.45 8.40 8.35 8.30 8.25 

1/2 Gal 4.3 4.3250 4.2500 4.2250 4.2000 4.1750 4.1500 4.1250 

Qts 2.15 2.1625 2.1250 2.1125 2.1000 2.0875 2.0750 2.0620 

?t9 1.075 1.0813 1.0625 1.0563 1.0500 1.0438 1.0375 1.0310 

1/3 Qts 7167 

1/2 Pts 5375 .5406 .5313 .5282 .5250 .5219 .5188 .5155 

3. To convert cream, milk-cream mixtures, and concentrated milk in excess of six per 
cent (6%) butterfat in each class to milk equivalent, multiply the units sold by their 
respective weights; multiply this weight by the butterfat tests of the product sold to 
determine the pounds of butterfat; finally divide the pounds of butterfat by the weighted 
average butterfat test of all producer milk or by the four per cent (4%) basic butterfat 

136 



Rules and Regulations 

test if the weighted average producer milk butterfat test is not available. The resulting 
figure will be the total pounds of milk equivalent to be classified. 

4. To determine the correct quantity of tiuid skim milk, cultured skim, and/or plain 
buttermilk to be accounted for as Class 11, the total weight of the fluid skim milk, cultured 
skim, and/or plain buttermilk sales should be reduced by the net difference between 
the milk equivalent of the cream accounted for in Class 1 and the actual weight of all 
Class 1 cream sales. 

D. Method of Settlement: 

1. Producer Payment — Each distributor shall make a full and complete payment to 
producers on or betore the fifteenth (15) day following the close of each calendar month, 
at not less than the class price schedule properly hied by each distributor with the 
Commission and each producer. 

2. An advance payment may be made to producers not later than the last day 
of the delivery period tor milk received during the first fifteen (15) days of such delivery 
period. Such advance payments may be considered as final payment provided the 
distributor making the advance payment accounts for all milk received from producers 
as Class 1 milk for the full calendar month. 

3. Each distributor shall make the necessary adjustments to correct any error in 
classification or payments to producers for past delivery period. 

4. Each distributor shall make such deductions from payments to producers as 
authorized by the producers. 

5. Statement to Producers — Each distributor shall furnish to each producer for each 
delivery period a statement in such form that may be retained by the producer which will 
show the following: 

a. The identity of the distributor. 

b. The delivery period. 

c. Producer base for period. 

d. Butterfat test. 

e. Pounds of milk in each class, 
f. Class price. 

g. Gross amount for each class. 
h. Each deduction made by the distributor. 
i. Net amount paid. 

Section III. Production incentive plan rules and regulations. 

A. Establishment of Producer Base Plan: The production incentive plan to be utilized 
by distributors shall be the "base" plan. The base making periods for 1955-1956 currently 
in effect in the various milk plants throughout the state are not altered by this regulation. 
Producer bases to be established and used for the period March 1, 1957, through February 
28, 1958, shall be computed according to the following rules: 

1. The average daily base of each producer shall be determined from the milk 
deliveries made by such producer during the months of September, October, November, 
December, January, and February.* Bases established for this period shall be in effect 
on and after March 1, 1957, and shall be computed as follows: Divide the total pounds 
of milk received by the distributor from each producer for the period September 1, 
through the last day of February by the number of days from the first day of delivery 
by such producer to the last day of February, but not less than 90 days. 

2. On or before March 25 of each year each distributor shall file with the Dairy 
Commission and each producer a complete record of the name, address, and base estab- 
lished by each producer in accordance with paragraph A-1 of this section. 

3. Producer bases established each year shall be used for allocating classes of milk 
until new bases become effective. 

4. A producer who starts delivering milk on the Grade A market shall not be en- 
titled to a base until a base has been established by the producer in accordance with 
paragraph A-1 above, unless the producer has acquired a base in accordance with Sec- 
tion III, paragraph B, sub-paragraph 6 below. (This item filed August 5, 1957.) 

(B as amended filed December 3, 1957.) 

B. Base Rules: The following rules shall apply to the base established by each 
producer: 

1. A producer who has an established base in changing from one distributor to 
another may retain the same base, provided written notice is given to the Dairy Com- 
mission by the new distributor immediately following the date of transfer and provided 
the base transferred is verified by the Commission. 

• The State Dairy Commission will permit the use of a five-month period to include the months of 
September, October, November, December, and January for the 19S6-57 base-making period, provided, a 
five-month base period is mutually agreed to by the distributor and producers concerned, and provided au- 
thorization is obtained by written request from the Dairy Commission prior to September 1, 1956. 

137 



Code; of Laws of South Caroijna 

2. A producer who transfers from one distributor to another distributor during the 
base forming period shall have his base computed from his total deliveries to both or 
all receiving distributors. 

3. A producer who has established a base with a distributor shall be entitled to 
continue to ship his milk to such distributor where the base is established; provided his 
total milk production, less that retained for family use or otherwise disposed of as 
mutually agreed by the producer and distributor, is delivered regularly and meets all 
the requirements of the local and state laws, and the requirements of the distributor. 
Any requirements of the distributor which are in addition to the local and state laws 
must apply equally to each producer and shall be filed by the distributor with the Com- 
mission. 

4. A distributor shall not cut off a producer without having given the producer a 
written 30 days prior notice, a copy of which must be filed with the Dairy Commission. 
A producer shall not transfer from one distributor to another without having given his 
distributor a written 30 days prior notice, a copy of which must be filed with the Com- 
mission, provided the distributor is current in all payments to such producer for milk 
delivered. The Dairy Commission will not authorize the transfer of a producer's base 
from one distributor to another until the 30 days prior notice has been given as required. 
The prior notice may be waived by both parties when there is mutual agreement between 
the parties concerned to cease business relationship. 

5. Where a producer having an established base suffers a loss within his herd due 
to causes beyond his control he may apply to the Commission for an extended base 
period and the decision of the Commission, after conferring with the producer and dis- 
tributor concerned, shall be final. 

6. A base may be transferred, provided the owner submits a request to the Com- 
mission that the base be transferred, and properly executes a standard form furnished by 
the Commission to eflfect the transfer, and provided further that the new owner(s) con- 
tinues to deliver milk to a distributor, only under the following conditions: 

(a) Where the entire herd is sold as a unit to one party at a private sale or public 
auction. 

(b) Where the entire herd is sold at a private sale or transferred in a bona fide 
transaction to no more than two parties, in which case the base may be divided as mu- 
tually agreed by the two parties or in proportion to the number of cows which have 
calved acquired by each party. 

(c) Where a base is owned by a partnership and the partnership is dissolved the 
established base may be divided and transferred to the individual partners in proportion 
to the division made of the herd. 

7. Where an owner of an established base offers his herd for sale at public auction 
and "No Sales" any portion of the herd he may retain the established base, however, the 
base shall not be transferable until he has delivered milk to a grade A distributor for a 
period of not less than six months after the date the herd was offered for sale. 

8. Milk rejected by a distributor as unmarketable grade A fluid milk (provided the 
quality requirements for which it is rejected applies to all producers shipping to that 
plant), cannot be included in a producer's deliveries for the purpose of determining a 
producer's base nor can the total number of days to be used in the computation of a 
producer's base be reduced by the number of days for which a producer's production 
was rejected. 

Where milk is received by a distributor or his agent, whether the agent be an in- 
dependent contract hauler or an employee of the distributor, in a bulk tank from a 
producer's farm tank and the producer's milk loses its individual identity, the distributor 
is financially responsible to the producer for the milk as determined by the distributor's 
utilization and the producer is entitled to base credit on such deliveries made during the 
base formincr period. 

C. The Dairy Commission shall announce any significant changes in the production 
incentive plan at least one year prior to the date such changes would go into effect in 
order to permit the necessary adjustment to such changes. 

Section IV. Wholesale and retail price schedule: 

Items A. B. C and D of § TV. as amended, filed December 13, 1956. Item D amended 
again and same filed April 26, 1957. 

A. The State has been divided into six marketing areas by the Commission for adminis- 
trative purposes only and each market embraces the following counties. 



138 



Ruiy^S AND REGUI^ATIONS 



Market I 
Oconee 

Pickens 

Anderson 

Greenville 

Spartanburg 

Cherokee 

Abbeville 

Laurens 

Union 

Greenwood 

Market II 
York 
Chester 
Lancaster 
Chesterfield 



Market III 

McCormick 
Edgefield 
Aiken 
Barnwell 

Market IV 
Saluda 
Newberry 
Fairfield 
Lexington 
Richland 
Kershaw 
Calhoun 
Sumter 
Lee 



Market V 



Darlington 
Marlboro 



Florence 

Dillon 

Marion 

Clarendon 

Williamsburg 

Horry 

Market VI 
Allendale 
Bamberg 
Orangeburg 
Hampton 
Colleton 
Dorchester 
Berkeley 
Georgetown 
Jasper 
Beaufort 
Charleston 



B. As a prerequisite to obtaining a license to operate as a Grade A milk distributor, 
producer-distributor, or sub-distributor in South Carolina during any calendar year, each 
distributor, producer-distributor and sub-distributor shall file with the State Dairy Com- 
mission, on forms prepared by the Commission, one uniform schedule of wholesale and 
retail prices for each market in which he operates. Where varying prices prevail within 
a given market as established above a separate schedule must be filed and the counties in 
which the varying prices prevail must be clearly indicated. The posted prices for each 
market shall be charged uniformly for all sales made within the market or markets in 
which the distributor, producer-distributor or sub-distributor operates, unless separate 
schedules are filed for varying prices within a given market in which case the posted prices 
shall be charged uniformly for all sales within the area designated. The schedule of prices 
must include each item of fluid milk and milk products offered for sale by size and type 
of container. 

(Items (1) and (2) below filed March 31, 1958.) 

(1) No distributor shall sell or offer for sale directly or through a sub-distributor, 
sales branch, or subsidiary, milk or milk products, in any market or designated area, 
at a price less than the prices offered in the market in which such distributor's processing 
plant is located, or less than the prices offered in the principal sales area of such dis- 
tributor (measured by volume of sales), except when such prices are oflFered in good 
faith to meet a competitive price which has been duly filed with the Commission, and 
after due notice has been given as reo'iired bv para<?ranh C of tbi<; Section. No sub- 
distributor, sales branch, or subsidiary shall sell or offer for sale, milk or milk products, 
at a price forbidden his principal distributor by this Order. 

(2) A ticket or invoice shall be made, in duplicate, for each wholesale sale, incltidinjj 
all milk, milk products, ice cream, frozen desserts, and all mi<;cpnaneous products or 
commodities sold by anv partv licensed bv the State Dairy Commi'jsinn. showinc in de- 
tail each item sold and the price cbarerpd. Racb distributor or sub-di«;trihn*or shall keep 
on file for at least IPO days, one ropy of such fVkpts or invoires. and all other customer 
records, including retail route books, accounts receivable, and customer payment records. 

(Item .3 and 4 below filed in the oflRce of the Secretary of State May 26. 19S9.) 
(3") No distributor: parent, subsidiary, or branch thereof: licensed to disfihute milk 
In South Carolina shall bottle or package fuid mi'k or fluid milk products under private 
label for anv retail outlet in the State of South Carolina. 

(4) No licensed distributor of milk shall place into effect in South Carolina a schedule 
of platform pf'ices for milk and milk products befo'-e such schedtile has been «ubmittpd to 
the Commission and the differential betvoen the distributor's pstahb'sVied f^r^Vwo'-fr] whole- 
sale prices and the proposed platform prices has been 'usti^ed to the Commission by the 
distributor. Tus+i^^cation of the differential between the delivered wholesale prices and 
the proposed platform prices must be based on economics effected. 

(Items S and 6 below fled April 29. 1960, to become effective Aueust 1. 1960.) 
5. All milk and fluid milk products sold or oflFered for sale to the final ronsnmer or 
to wholesale purchasers for ser-i'ire or resale to the final consum'^r sh^H be clearly 
laheled to show the s+ate in which such products were packaged. The bhel shall read 
"Packat^ed in South Carolina", or the appropriate state in which the product was pack- 
aP'ed. The laKpl shall appear on the top portion of all paper containers, appe^rinqr on both 
sides of a pable tvne carton, and on the can or hood of all class containers. The label shall 
be in a color which contrasts with that on which it is printed and shall not be less than 

139 



Cods of Laws of South Carolina 

one-fourth inch in height on one-half gallon paper containers, one-eighth inch in height 
on quart units and units of smaller size paper containers, and one-sixteenth inch in 
height on caps or hoods on glass containers. 

6. The containers in which milk and fluid milk products are sold or offered for sale 
to the final consumer or to wholesale purchasers for service or resale to the final con- 
sumer in South Carolina shall not bear any advertising of any product, article, or item of 
any kind; except milk, dairy products, or other food products. No portion of any such 
containers or attachment thereto shall be advertised or used as a coupon or certificate 
to acquire through purchase; as a gift, prize or award; or otherwise; any product, article, 
service or item of any kind. 

C. Each distributor, producer-distributor or sub-distributor shall notify the State 
Dairy Commission by certitied mail ten (10) days prior to the effective date of any 
decrease in prices as filed with the Commission and shall send a copy of such notice by 
certified mail to each licensed distributor, producer-distributor and sub-distributor op- 
erating within the market or area where the decrease is to become effective. Any dis- 
tributor, producer-distributor, or sub-distributor affected by a new schedule of prices of 
any competitor (which has been duly filed with the Commission) may waive the ten 
(10) days prior notice and put into effect similar price changes (but not below those 
which have been duly filed with the Commission by the competitor), provided the Com- 
mission has received written notice prior to the date such prices are to become effective 
to meet those of a competitor. Each licensee shall also notify the Commission in writing 
of any increase in prices as filed with the Commission prior to the effective date of the 
increase. (C as amended filed May 22, 1958.) 

D. Wholesale and retail prices as filed with the State Dairy Commission by each 
distributor, producer-distributor, and sub-distributor must be made available to all their 
wholesale and retail customers who buy milk and/or milk products in like quantities, 
under like terms, and conditions with the following exceptions: 

1. Special prices may be made available to private, public or parochial schools and 
state or church supported colleges or universities which provide non-profit lunchroom 
facilities for the benefit of students, non-profit hospitals and charitable institutions. Special 
prices made available to such customers which are expressly excepted must be made avail- 
able to all such customers and must l)e filed with the State Dairy Commission. The terms 
and conditions of special prices made available to excepted customers must be set forth 
in the schedule of such prices on file with the Commission. 

2. Special prices may be made available to Government military installations ONLY 
when such installations submit an invitation to bid to all interested distributors, producer- 
distributors, and/or sub-distributors who offer for sale, in the area in which such installa- 
tions are located, milk and milk products which meet all the sanitary and quality require- 
ments of such products purchased by such installations. 

(a) The invitation to bid must be in writing and must specify the date, time, and 
place of the opening of the bids and the awarding of the contract. The approximate quan- 
tities of the products, including the type and size of the containers, to be supplied under 
the contract and all other terms and conditions pertinent to the contract must also be set 
forth in the invitation to bid. 

(b) The bids submitted must be in writing and sealed to be opened at an announced 
formal bid opening in the presence of two or more parties who submitted bids. 

(c) Any distributor, producer-distributor, or sub-distributor who is awarded a con- 
tract under the provisions of paragraph D-2 above shall file in writing with the State 
Dairy Commission prior to the date of the first delivery under said contract the prices 
made available, the approximate quantities to be supplied, and the commencing and ter- 
minating dates of the contract. 

Section V. Sale of Equipment: 

(Section V filed December 3, 1957.) 
(Section V as amended filed September 30, 1958, in Secretary of State's office.) 
The sale of any type equipment by a licensed distributor, producer-distributor, or 
sub-distributor to any customer or prospective customer is prohibited except under the 
following conditions: 

1. Where the total cost of such equipment, including freight, installation and other 
related costs are included in the sales price; and 

2. Where the terms of payment are cash or the same as the printed or established re- 
tail terms of such equipment manufacturer or agent. In the absence of printed or estab- 
lished retail terms of such equipment manufacturer or agent the terms shall be a down 
payment of not less than 10% of the total cost, with the balance, plus interest at the rate 
of 6% per annum, to be paid in equal successive monthly installments not to exceed more 

140 



Rules and ReguIvATions 

than one (1) month for each twenty-five dollars ($25.00) of the unpaid balance excluding 
interest or thirty-six months whichever is less. If the estimated life of the equipment is 
less than the time required to pay for same under the above terms, the payments must 
be made in equal successive monthly installments over the estimated life of such equip- 
ment; and 

3. Provided a written legal and binding contract is entered into by the licensee and 
the purchaser, a copy of which must be kept on file by the licensee for Commission 
inspection. 

Where any type of equipment is sold by a licensee to a public, parochial, or private 
school the terms shall be as set forth in 2 above except the minimum down payment 
shall not be mandatory. 

RULES AND REGULATIONS. 
Pursuant to § 32-1610.15, this supplement [Act No. 230 of 1953] unless otherwise stated. 

(Filed Secretary of State's office October 29, 1953, unless otherwise stated.) 
Section 1. Application Form — Grade Certificate: 

Each person wishing to make application for a permit to send, ship or deliver milk into 
this State under the provisions of this Act shall request of the South Carolina Dairy Commis- 
sion, Rooms 211 and 213, 1015 Main Street, Columbia, South Carolina, an application for per- 
mit form. This form shall be submitted to the South Carolina Dairy Commission together with 
a certificate from the state agency charged with the duty of inspecting and grading the milk 
and/or cream at the point of origin, showing the grade and purity of the fluid milk and/or 
cream handled by each applicant. After receiving an approved permit from the South Carolina 
Dairy Commission, each applicant shall then file a copy of such certificate with the South 
Carolina State Board of Health and with the County Health Officer in each county or countie* 
to which such milk and/or cream is to be delivered. 

Section 2. Milk Source Certificate: 

Furthermore, each applicant shall file with his application a certificate under oath on a 
form furnished by the South Carolina Dairy Commission showing the name, address, and 
grade of milk of each person or subsidiary from whom the applicant obtains milk or cream at 
the plant from which shipment is to be made. After receiving an approved permit from the 
South Carolina Dairy Commission, the applicant shall file a copy of the certificate with the 
South Carolina State Board of Health and the County Health Officer in the county or counties 
in which such milk and/or cream is to be delivered. The Dairy Commission shall issue no permit 
to an applicant for a grade of milk and/or cream higher than the lowest grade of milk and/or 
cream the applicant produces or obtains from others at point of origin from which such milk 
and/or cream is to be shipped; provided, should the applicant obtain milk and/or cream from 
others, he shall not be issued a permit higher than the lowest grade of milk and/or cream pro- 
duced or handled by such others at the place from which the applicant obtains such milk and/or 
cream. 

Section 3. Conditions, Standards, and Classification: 

The Rules and Regulations defining the conditions, standards, and classifications of the 
type, kind, quality, condition of production, sanitary conditions and other reasonable require- 
ments that must be complied with before milk and/or cream is shipped, transported, carried, 
or brought into the State of South Carolina shall be those as set forth in the 1939 Milk Ordi- 
nance and Code recommended by the U. S. Public Health Service as adopted and amended by 
the South Carolina State Board of Health in force as of September 1, 1953. Notwithstanding 
the foregoing, the South Carolina Dairy Commission retains the right and duty of determining 
whether or not any permit authorized to be issued under this Act should be issued, in the light 
of the circumstances involved in each application. 

Section 4. Advance Shipment Notice: 

All milk and/or cream brought into the State of South Carolina except bottled or pack- 
aged milk and/or cream delivered on established routes, shall be preceded by advance notigc 
to the South Carolina Dairy Commission at its office in Columbia, South Carolina. Such notice 
shall be telegraphic in nature and shall state the amount of milk and/or cream to be shipped 
or delivered into South Carolina, date and time of arrival at its destination, the grade of 
milk and/or cream to be shipped, and the name and address of consignee. 

Section 5. Sealing of Containers: 

All containers of milk and/or cream brought into the State of South Carolina for fluid dis- 
tribution except bottled or packaged milk and/or cream delivered on established routes, shall 
be sealed at the plant holding a permit to ship or bring milk and/or cream into the State of 
South Carolina, and said seal shall be intact upon arrival at its destination in South Carolina. At- 

141 Volume 7 



Code; of Laws of South Caroi^ina 

tached to the seal or the container shall be a card or label clearly showing the name of the ship- 
per, whether the product is raw or pasteurized, the grade and amount of milk and/or cream 
contained therein, and the name and address of the consignee. 

Section 6. Permit Renewal: 

Permits issued to out-of-state shippers of bottled or packaged milk delivered into this State 
on established routes may be automatically renewed from month to month by the South Carolina 
Dairy Commission unless it has been found that any of the terms or conditions of the Act 
have been violated, except that all permits shall become null and void on the thirty-first day 
of December of each year. The Director may at any time require of any permit holder a cur- 
rent certificate under oath showing the names and addresses of his producers and suppliers. Any 
out-of-state shipper of bottled or packaged milk and/or cream holding a permit under this Act 
for delivery of such products into the State and who wish to extend distribution into counties not 
authorized under such permits, shall give due notice to the Commission and shall file with such 
County Health Officers these certificates as required under this Act. 

Section 7. Importer Reports: 

All holders of import permits shall in accordance with Section V of the Act report monthly 
all fluid milk, cream, condensed skim, powdered non-fat milk, powdered whole milk or any other 
processed dairy products from whatever source purchased. 

Section 8. Distributor Monthly Reports: 

For purposes of proper enforcement of this Act, and for the development of information on 
deficit and surplus production of milk within the State of South Carolina, all distributors shall 
furnish to the South Carolina Dairy Commission on forms furnished by it monthly reports giving 
a detailed statement of the quantities of purchases and sales of all dairy products made within 
the State. Such reports shall be submitted not later than the twentieth of each month following 
the month such purchases and sales are made. 

Section 9. Distributor Audits: 

The South Carolina Dairy Commission shall audit, when deemed necessary, distributors' 
records to insure that South Carolina dairy farmers are paid according to the agreements be- 
tween them and their distributors. When evidence is discovered by such audits to indicate that 
the afore-mentioned agreements have been violated, such information shall be made available 
to the parties concerned. 

Section 10. Grade "A" Operations: 

Each and every Grade "A" receiving, distributing, or processing plant from which Grade 
"A" whole milk and/or cream in bulk, bottled or packaged form is to be shipped either directly 
or indirectly into the State of South Carolina shall be definitely separated from any lower 
grade or ungraded whole milk and/or cream receiving, processing, or distributing operation. 
Specifically, all Grade "A" operations must be completely separate in personnel and equipment, 
and must be separated by a minimum of a solid and unbroken wall from any lower grade or 
ungraded milk products operation. 

Pursuant to §§ 32-1610.15 and 32-1610.24, S. C. Code of 1952. 
(Filed in the office of the Secretary of State April 14, 1954.) 

Rule and Regulation XI 
Distributor Buying Plans: 

Each licensed milk distributor in the State of South Carolina shall file with the South Caro- 
lina Dairy Commission on or before May 1, 1954, a detailed statement of its individual buying 
plan in effect with its producers stating its individual classification and the products which 
constitute each class. Such buying plan shall be filed in writing with each and every producer 
furnishing milk to such distributor. Furthermore, no change shall be made in such buying plan 
without ten day prior notice to the South Carolina Dairy Commission and to each producer 
furnishing milk to such distributor. 

Rule and Regulation XII 
Imported Milk Classification: 

Any licensed distributor of milk in the State of South Carolina who purchases any milk 
from outside of the State of South Carolina, other than from out-of-state approved dairy farms 
producing milk foi such distributor under a permit from and in accordance with the local 
health regulations of the county or city to which the milk is being delivered, shall, upon receipt 
of such milk, declare by letter to the South Carolina Dairy Commission and to the consignor 
of such milk at the time of purchase, the intended use of such milk in accordance with such 
distributor's buying plan on file with the South Carolina Dairy Commission and producers. 

142 



Rules and Re;gulations 

Payment for such milk shall be reflected to the original producer of such milk (less rea- 
sonable handling charges) by the consignor in accordance with Section 5, Act number 230 
(R-301. H-120S) of the 1953 Acts and Joint Resolutions of the General Assembly of the State 
of South Carolina which states in part, "... and the Dairy Commission shall have the power 
to require such reports as will enable it to determine the quantities of imported milk purchased 
and the grade or classification under which it was purchased, and it shall be unlawful for such 
person (milk importer) to sell or distribute any imported milk in a grade or classification 
higher than that in which it was purchased, except upon written permission by the Dairy Com- 
mission for limited emergency purposes vital to the health of the people of this State or any 
community or section thereof." 

Rule and Regulation XIII 
(Filed in the Office of the Secretary of State April 29, 1954) 
Import — Surplus Regulation: 

It shall be unlawful for any South Carolina milk distributor to import fluid milk in bulk, 
bottled, or packaged form for civilian fluid milk sale at any time during a period in which a 
surplus is declared to its producers. 

Development Board. 

[See Research, Planning and Development Board in Volume 7 of main set.] 

Education, Department of. 

Adopted by the State Board of Education. 

Business Colleges. 

General Regulations. 

High School Regulations. 

National Defense Act of 1958, Plans for Participation in. 

Special Education, Regulations For. 

Teacher Contracts, Breaking of. 

Teacher Education and Certification. 

Vocational Education State Plans. 

Vocational Rehabilitation, Plans For. 

BUSINESS COLLEGES. 

Resolutions of the State Board of Education for Accrediting Business Colleges. 

Pursuant to §§ 21-45 and 21-675, S. C. Code of 1952. 

(Filed in the ofKce of the Secretary of State January 14, 1955.) 

Business colleges may be eligible for accreditation by the State Board of Education 

for the offering of certain courses when the following standards are met. 

Bases for the Accreditation of Business Colleges 

I. Objectives 

A. The objectives of each curriculum shall be clearly stated in the catalog or other pub- 
lications where the curricula are announced. 

B. All stated objectives shall be definitely achievable in terms of the school's faculty, 
equipment, student body, and general working conditions. 

1. It shall be one of the considerations of accreditation that a college will revise 
statements objected to by the State Board of Education upon the next printing 
or reproduction. 

2. An inventory of advertising and promotional materials on hand will be furnished 
if requested. 

II. Curricula 

A. Each curriculum shall be definitely outlined in the catalog in terms of component 
courses or subjects. 

B. The time allotment for each subject in each curriculum shall be clearly stated in 
terms of clock hours or other credits which are defined in terms of clock hours in 
the catalog. 

C. Each curriculum shall check with the current schedule, except for minor variations 
which may be permitted in the individual college's program in the light of the local 
situation. 

143 



Code; of Laws of South Carouna 

D. In addition to the vocational business subjects, the several curricula shall include re- 
lated business subjects. 

E. The curricula of recognized accrediting authorities such as the American Association 
of Commercial Colleges or the National Council of Business Schools will be used 
as general guides in determining the appropriateness of the Curricula by the State 
Board of Education, but the recognition of one of these associations shall not be con- 
sidered to create any obligation on the part of the said State Board of Education. 

F. In addition to the above, it is expected that a school will show evidence of progress 
on the following points: 

1. Introduction of general subjects to make the programs broadly educational. 

2. Adjusting the curricula to the student by: 

a. Standard examinations for advanced standing. 

b. Provision of electives. 

c. Personality development. 

III. Student Procurement 

A. Advertising and advertising material issued by the college shall contain 

1. No misstatement of fact expressed or implied. 

2. No gross exaggeration as to the normal expectations of the training or as to 
initial salaries graduates may expect. 

3. No statement that the college can qualify the student for the C. P. A. Certificate 
or similar professional attainments unless the college has been approved for this 
training. 

B. Enrollments of students shall be made only in the school office by officials reported 
to the State Board of Education as being eligible to make the enrollments, although 
applications may be received by mail or obtained in the home. All payments shall 
be transmitted without deductions to the school office. 

C. Solicitors, where used, shall be employed on a salary basis, shall have the educational 
qualifications of a member of the faculty, and possess ethical character. 

D. Scholarships may be awarded only on the basis of 

1. No scholarships in full or part shall be offered by a business college. 

2. Tuition paid to cover a course of training awarded by an individual or organiza- 
tion not connected with the business college or school may be accepted. 

E. No deviation will be made from fees or tuition published, quoted, and on file with 
the South Carolina State Department of Education, except for advanced standing or 
transferred credit from a business college or regular college. In such cases, the charge 
shall be proportional to the amount of training to be given. 

IV. Admission Policies and Procedures 

A. At least 90 per cent of the student body shall be high school graduates. The other 10 
per cent may consist of non-high school graduates, provided these students are eighteea 
years of age or have been recommended in writing by the principal of their local 
school districts. All government rehabilitation students shall be considered high school 
graduates insofar as this requirement is concerned. 

B. High school transcripts for all high school graduates and substituted records for all 
non-high school graduates shall be maintained on file. 

C. Students of regular diploma curricula shall be admitted only on regular entrance dates 
when provisions have been made for starting them on new programs. 

V. Graduation Requirements 

A. The course of study for which the student is enrolled shall be completed in residence 
before the awarding of a diploma or certificate of graduation. 

B. Evidence shall be produced to show that a substantial portion of the students graduate 
or achieve employable proficiency. 

VI. Faculty 

A. Records of teachers shall be submitted to the State Board of Education on request 
or when there is a change of teachers. All teachers must be certified in the fields 
or subjects they teach by the Division of Teacher Education and Certification under 
requirements as approved by the State Board of Education upon recommendations 
of the Advisory Committee on Business Colleges. 

B. Only qualified teachers shall be employed in an accredited school. A qualified teacher 
shall be considered to be an individual who, after graduating from high school shall 
have completed four years of advanced training in a college above the high school level 

144 



Ruizes and Regulations 

(academic or commercial), or who, after graduating from high school shall have 
had two years' training in a school above the high school level (academic or com- 
mercial), and two years of paid office experience, or who has had eight years of 
teaching experience (nine months per year) or who was a member of the faculty on 
the date of the adoption of these regulations by the State Board of Education. 

C. Every teacher of occupational subjects (directly vocational) shall have had 400 clock 
hours, or 24 semester hours of courses above the secondary level directly related to 
the area in which he teaches, and in addition appropriate occupational experience. 
The experience requirement may be temporarily waived. 

D. Part-time teachers shall meet the same qualification requirements as full-time teachers. 
If more than 25 per cent of the work is taught by part-time teachers, an unfavorable 
presumption is set up; and, if any major phase (day school or night school) does 
not have at least one regular day-school teacher on the staff, the college will not be 
accredited as to that phase. 

E. The State Board of Education shall look with disfavor upon a high faculty turnover. 

F. The application of no school will be favorably considered for accreditation if it does 
not maintain a teaching staff of at least two full-time teachers, one of whom may be 
the Executive Officer, provided he qualifies as a full-time teacher as defined below. 

G. A full-time teacher shall be considered to be an individual with daily class work in 
at least three classes, requiring not less than 135 minutes of instructional time per day. 

H. There shall be at least one full-time teacher for each thirty (30) students in daily 
attendance. For purposes of this section only, two individuals teaching one to two 
classes each per day, but totaling together not less than 135 minutes, shall be con- 
sidered as one full-time teacher. 

I. The class schedule of a full-time teacher shall not exceed thirty-two (32) clock hours 
of classroom instruction per week. 

J. There shall be evidence of the professional alertness of the faculty as shown by mem- 
bership in educational associations, business organizations, continuation of educa- 
tion, concurrent related business experience, and/or original experimentation in teach- 
ing under acceptable techniques. 

K. Progress should be shown toward raising the educational level of the full-time teach- 
ing staflf toward the minimum qualification of a standard appropriate baccalaureate 
degree. Graduate degrees held by the faculty in business and educational fields will be 
regarded favorably in the total rating of the school. 

VII. Instructional Methods 

A. There shall be definitely discernible evidence that instructors are following some cur- 
rently accepted methodology and are familiar with recent developments affecting the 
<*ontent of their subjects. 

B. The adequacy of instruction shall be attested by good results in terms of the time 
expended. 

C. Instructors of the same subject field shall exhibit consistency of instructional method, 
content, and standards. 

D. Instruction shall show sustained interest on the part of classes, apart from domination 
by the teacher. 

E. There shall be realistic and regular testing in all subjects, especially in those which 
prepare for occupational skills. 

F. There shall be supervision of instruction by the educational head of the school, or 
by department heads, or other qualified officers. 

G. All class sessions shall be in charge of a regularly employed faculty member. 

H. If class instruction is followed, not more than one subject shall be taught in a class- 
room at any one time. 

VIII. Library Facilities 

A. Provision shall be made for library facilities, preferably a separate room under su- 
pervision. 

B. The library shall include a group of periodicals commensurate with school's program. 

C. There shall be evidence of expenditures for additions to the library within the last 
three years. 

D. Professional periodicals should be included for the use of the faculty. 

E. A trained librarian devoting a major portion of his time to the library will be re- 
garded with favor. •• - 

145 



Code of Laws of South Carolina 

IX. School Plant 

A. All approved schools shall be located in buildings meeting requirements of the city 
ordinance. 

B. All approved schools shall have sufficient windows and/or artificial lighting. Suffi- 
cient lighting in classrooms shall be considered as having one (1) square foot of out- 
side window light for each five (5) square feet of classroom floor area in each class- 
room and/or 100 watts of artificial light for each 100 square feet of floor space per 
classroom. 

(One-half of the wattage will suffice if fluorescent lighting is used.) All lights other 
than fluorescent must be enclosed. 

C. All classrooms not having windows must be ventilated by artificial means which will 
insure the proper changes of air. 

D. Each approved school shall keep its quarters in a clean and sanitary condition and 
shall maintain at least two completely equipped toilets for the exclusive use of the 
school. They shall meet all city health requirements. 

E. The plant shall be free from fire or other hazards. 

F. Walls, ceilings, and floors must be reasonably well kept; that is, paint must be in 
good condition, and floors and other surfaces must be neat and clean. 

G. The classroom capacity shall allow twelve (12) square feet of floor area per student 
seat. 

X. Equipment 

A. Each approved school must maintain at least one typewriter for each three (3) stu- 
dents enrolled in courses requiring typewriting training. Typewriters must have an 
average age of not over five (5) years. 

B. All classrooms shall be equipped with suitable furniture in good repair and of modern 
appearance. 

C. Equipment shall be housed in rooms where it can be efiFectively used. 

D. Equipment considered shall be available for instructional purposes. 

E. The equipment shall be appropriate for and commensurate with the courses o£Fered. 

XI. Guidance, Placement and Follow-Up 

A. Responsibility for the guidance program shall be definitely centered in one or more 
qualified persons. 

B. Guidance shall include attention to the personal traits as well as to subject-matter 
choice and achievement. 

C. Adequate time shall be allowed those responsible for guidance to perform the func- 
tions assigned to them. 

D. There shall be evidence of definite records for guidance, placement and follow-up. 

E. The placement function shall be adequately performed by some qualified member of 
the staff. 

F. The initial placement service shall be available to students and alumni without place- 
ment fees. 

G. A follow-up system shall be used to determine the success of placements and the 
adequacy of the school's offerings and standards. 

H. Standard tests and standard test results, evident as a part of the guidance procedure, 
shall be viewed favorably. 

XII. Student Records 

A. A centralized and permanent system of records of student personnel data, class 
achievement, character, and attendance shall be efficiently maintained. 

B. Records shall be kept in such form that they are readily interpretable. 

C. Records shall include an account of extra-curricular activities and work experience. 

XIII. Charges 

A. Tuition and other charges shall be clearly stated in the catalog or in accompanying 
rate sheet. 

No deviation will be made from fees or tuition published, quoted, and on file with 
the South Carolina State Department of Education, except for advanced standing or 
transferred credit from a business college or regular college. In such cases, the charge 
shall be proportional to the amount of training to be given. 

B. Charges shall be applied uniformly to all students and shall not be subject to varia- 
tion by any officer or repres'CTJtative of the school. 

146 



RuLKS AND Regulations 

C. The refund policy (or policy of no refunds) shall be clearly stated in the catalog or 
the rate sheet. 

XIV. Competent Management 

A. There shall be close coordination between the educational and financial administration. 

B. Faculty members shall be kept informed of all policies of the school, including changes 
in those policies, preferably through the medium of regular meeting. 

C. Faculty and stafT salaries must be paid on time and regularly. 

D. Salaries paid instructors shall be at least equivalent to the average of comparable 
public schools in the geographic area. 

E. There shall be evidence of good public relations. 

F. The State Board of Education may postpone final accreditation for one year after 
the application. For approval for G. I. Training, the school must have been in op- 
eration for one year. 

G. The qualifications of the administrative head shall be submitted along with those 
of the faculty. 

XV. Financial Stability 

A. The net worth of the school should be large enough to insure financial stability. 

B. The net profit should be sufficient to insure the improvement and maintenance of high 
educational standards. 

C. Financial statements and credit references shall be submitted with the application for 

accreditation. 

XVI. Branch School 
A. Any branch school shall meet the qualifications prescribed above and shall be con- 
sidered as a new school. 

GENERAL REGULATIONS. 

Pursuant to § 21-45, S. C. Code of 1952. 
(Filed in the ofifice of the Secretary of State October 14, 1957.) 
School librarians and teacher librarians meeting certification requirements may be 
counted against enrollment for state aid when serving in an elementary school library. 

DENMARK BRANCH OF SOUTH CAROLINA AREA TRADE SCHOOLS. 

(Filed in office of Secretary of State January 30, 1959) 
That the Denmark Branch of the South Carolina Area Trade Schools be authorized 
to establish a student activities fee of two dollars per semester beginning May 26, 1958. 

HIGH SCHOOL REGULATIONS. 

Pursuant to § 21-45. S. C. Code of 1952. 
(Filed in the office of the Secretary of State October 14, 1957.) 
A true and correct copy of high school regulations passed by the State Board of 
Education August 2, 1957, is filed in the office of the Secretary of State. Definite regu- 
lations of the Board are printed in black type. Other printed material is of an explanatory 
nature. These rules and regulations supersede any rules or regulations heretofore adopted 
by the Board pertaining to Standards for Accredited High Schools. Those interested 
should refer to this copy. 

Amendments. 

(Filed in the office of the Secretary of State January 30, 1959.) 
Amendments to High School Standards, filed with the Secretary of State October 
14, 1957, are inserted in the form of an Addenda. The date of approval of these amend- 
ments is indicated in the first paragraph of the Addenda. This is a complete list of such 
amendments up to February 1, 1959. Those interested should refer to the copy filed in 
the office of the Secretary of State. 

High School Standards. 

(Filed in the office of the Secretary of State September 16, 1959.) 

The booklet, "Standards for Accredited High Schools," is a true and correct copy 

of High School Standards adopted by the State Board of Education August 21, 1959 

and supersedes any rules or regulations heretofore adopted by the Board in conflict with 

rules and regulations published in this bulletin. 

Those interested should refer to the copy filed in the office of the Secretary of State. 



147 



Code ov^ Laws op South Carouna 

PLANS FOR PARTICIPATION IN NATIONAL DEFENSE ACT OF 1958 

Pursuant to § 21-45. S. C. Code of 1952. 
(Filed in the office of the Secretary of State September 16, 1959.) 
Public Law 85-864, the National Defense Education Act of 1958, requires the State 
Board of Education to submit plans in order to participate in the provisions of this law. 
Bulletins filed in the office of the Secretary of State September 16, 1959, are true and 
correct copies of plans for administering Title III, Title V, Title VIII and Title X 
of such law. Plans pertaining to Titles III, V, and VIII were approved by the State 
Board January 23, 1959 and plans for Title X were approved June 19, 1959. Those in- 
terested should refer to the copies filed in the office of the Secretary of State. 

REGULATIONS FOR SPECIAL EDUCATION. 

Pursuant to § 21-293.10, this supplement [Act No. 589 of 1954, p. 1479]. 
Eliminated. Section 21-293.10 repealed by A. & J. R. 1958 (50) 1877. 
Pursuant to § 21-45, S. C. Code of 1952. 
(Filed in Secretary of State's office January 30, 1959.) 
Regulations for Special Education adopted by the State Board of Education April 
16, 1954, under authority of Act No. 589 of 1954 are hereby re-affirmed and made appli- 
cable to Act No. 882 of Acts and Joint Resolutions of 1958 approved April 9, 1958. [§§ 
21-293.11 to 21-293.21, this supplement.] 

[Editor's note. — Regulations below are those referred to above.] 

(Filed in the office of the Secretary of State January 14, 1955, except as otherwise noted.) 

Adopted by State Board— April 16, 1954. 
Eligibitily for Instruction in Special Classes for the Mentally Handicapped. 

The I. Q. range of 50 to 70 shall be considered the usual limits for children in this 
type of special class. However, actual placement in such a class must be based upon the 
recommendation of the child's teacher and principal because of the child's failure to 
adjust to the class routine and by a qualified pychological examiner , employing recogniz- 
ing individual intelligence tests (e.g. of the type Stanford-Binet or Children's Weschsler). 
The results of examinations should be generally supported by the history of the child's 
behavioral development, especially his speech, capacity for self-care, and his social adjust- 
ment. In those cases where the I. Q. is slightly above the limit of 70, and where, in the 
judgment of the teacher and principal, poor school adjustment seems to warrant con- 
sideration for a special class, a request may be made to the Supervisor of Special Edu- 
cation, who is empowered to authorize placing such children in special classes. The same 
procedure may be followed in those cases where the I. Q. is slightly below the limit of 50 
and where, in the judgment of the psychological examiners, the individual pupil adjust- 
ment seems to warrant special consideration. 

Eligibility for Instruction in Special Classes for the Mentally Handicapped. 

Children with suspected or real handicaps should have a thorough physical examina- 
tion to determine the exact handicapping condition, the extent and degree. This exami- 
nation should be made by the appropriate medical authority. Requests for placement in 
special education facilities may be made by doctors, public health nurses, teachers, parents 
and others. The pupil's record of referral should contain a statement of the child's physical 
condition, his previous adjustment and his future prospects and needs. Admission to a 
class for physically handicapped shall be based upon certification by medical authority 
of the physical handicap of the child and also upon his mental ability and his educational 
needs as determined by the appropriate authorities. 

Qualifications for Psychological Examiners: 

1. The examiner should be a recognized clinical psychologist, school psychologist, or 
private consulting psychologist previously accepted by physicians, social agencies, 
or school systems for his competence. 

2. Where the above condition cannot be met, the examiner must have a master's de- 
gree in psychology which includes courses in individual psychological testing and 
diagnosis, with supervised testing under laboratory or practicum conditions for at 
least one semester at two hours per week, together with courses in child psychology 
(or development), personality adjustment (or mental hygiene), and abnormal 
psychology (or psychiatry). 

149 



Rules and ReguIvATions 

Home Bound Instruction. 

1. Home bound instruction sponsored by state funds will be limited to two periods of 
one hour each per week. Two such periods shall be the equivalent of five days' 
attendance in school. 

2. When visiting a home, the teacher shall have the pupil or pupils in a room 
especially set aside for the period of instruction. For the time being, the room is a 
school and must be so conducted. 

3. All requests for home and hospital instruction shall be certified by an attending 
physician as to physical condition and ability to receive instruction. 

Initial Step in Certification of Teachers for Special Education Groups. 

A one-year certificate (1954-1955) in Special Education shall be issued to persons 
meeting the following requirements: 

1. Unconditional certification as an elementary teacher with not less than two years 
of experience. 

2. Recommendation by local administrator on the basis of personal qualities. 

3. A minimum of six semester hours in the basic areas of child growth and develop- 
ment and/or methods and materials of teaching basic subjects in the elementary 
school. 

PLUS 

a. The Orientation Course in Special Education (Summer workshop with three 
semester hours credit) or an equivalent course in Special Education in an insti- 
tution approved by the State Department of Education. 

OR 

b. At least one year of experience as a teacher of a Special Class for Handicapped 
Children in the preceding three-year period. 

Passed Nov. 19, 1954. 

1. That teachers regularlj-^ employed under the general appropriation act may be 
given additional employment after school hours to teach home-ljound physically handi- 
capped children and reimbursed by the State for the same in accordance with Act No. 
589, "An Act to Provide State Aid for A Special Program of Education for Physically or 
Educable Mentally Handicapped Children", when such employment is requested by the 
district superintendent and approved by the state supervisor of special education; pro- 
vided that no teacher who is employed full-time may be assigned more than one home- 
bound pupil except that in extreme cases one additional pupil may be approved by the 
state supervisor of special education. 

2. That a pupil counted in the enrollment of a special class or as a homebound pupil 
may not be counted in the general enrollrnent during the same school term. 

Amendment. 

(Filed in the ofifice of the Secretary of State September 19, 1956.) 

Children who are eligible for homebound teaching during the school year, who do 

not receive their full entitlement of two one-hour periods per week during the period 

of eligibility, may be taught two one-hour periods per week during the summer months 

provided that: 

a. The child be still eligible for home instruction during the summer. 

b. The number of periods does not exceed the full entitlement. 

Pursuant to § 21-45, S. C. Code of 1952. 
(Filed in office of Secretary of State January 30, 1959,) 
Eligibility of Local Boards for Establishing and Operating Classes. 

Local school district.s are permitted to operate classes or centers for Trainable 
Mentally Handicapped Children. The training program shall be under the direct super- 
vision and control of the local school district and shall receive the same services as do 
regular classes in the public schools. 

Local school districts, in order to receive state aid under the terms of the Act pro- 
viding for reimbursement to school districts operating classes for Trainable Mentally 
Handicapped Children, shall submit to the Supervisor of Special Education upon forms 
provided by the State Department of Education an outline of the general organization of 
the class or classes, including a description of the rooms in which the classes will be 
taught, available facilities and equipment, the qualifications of the teacher, and a proposed 
pfen of operation. 

149 



r Code of Laws of South Carolina 

Eligibility of Pupils for Instruction in Special Classes for the Trainable Mentally Handi- 
capped. 
The I. Q. range of approximately 25 to 50 shall be considered the usual limits for 
children in this type of special class. Actual placement in such a class will be based upon 
the findings of a qualified psychological examiner employing recognized individual in- 
telligence tests and upon the recommendations of the child's physician or other competent 
medical authority regarding freedom from communicable diseases, physical development, 
limitations, and ability to profit from the class. The results of these examinations should 
be generally supported by the history of the child's behavioral development. The child 
must be able to communicate to the extent that he can make his wants known. He must be 
able to understand simple directions. He must be trained in toilet habits so that he has 
control over his bodily functions, and his social and emotional development must be ad- 
vanced to the extent that his behavior endangers neither himself nor the welfare of 
others in the school group. He must be ambulatory to the extent that no undue risk to 
himself or hazard to others is involved in his daily work and play activities. 

The local Board retains the prerogative of excluding specific cases whose inclusion in 
their judgment would work to the detriment of or would fail to promote the best interests 
of the school. 

Classrooms and Facilities. 

Classes and centers for trainable mentally handicapped children may be housed in 
regular schools or other suitable facilities, provided they are approved by the State Super- 
visor of Special Education. 

The classroom shall be a standard size classroom on the ground floor and shall have 
adjoining toilet facilities. Outdoor play space will be accessible. 

Length of School Day. 

The length of the school day for classes for Trainable Mentally Handicapped children 
shall conform to the general pattern of classes for the school in which the class for 
trainable children is located, provided, however, that where cafeteria facilities are not 
available classes be dismissed earlier so as to enable the pupils to have lunch at home. 
Where a longer school day is necessary for trainable children than is customary, provision 
shall be made for extended recreation periods, rest periods, and extended lunch period. 
The length of the school day for the teachers of trainable children shall be no less than 
'hat of other teachers in the school. 

Teacher Certification. 

In-Service Program — Certification requirements for teachers of the Trainable Mentally 
Handicapped who receive training through an in-service program shall be the same as 
those requirements for teachers of the educable mentally handicapped. Special emphasis, 
in training courses, shall be placed upon the problems associated with mongolism and 
brain injury. 

REGULATIONS GOVERNING THE BREAKING OF TEACHER CONTRACTS. 

Pursuant to § 21-45, S. C. Code of 1952. 
(Filed in the office of the Secretary of State September 21, 1955.) 

When any teacher has entered into any signed contract or written agreement to 
teach in any public school of South Carolina, such teacher shall not break or seek to 
tv«rminate such contract except for good cause, and then only after giving the notice 
herein required. Any teacher wishing to cancel or terminate a contract shall give to the 
superintendent of the school district a written notice at least thirty days prior to the date 
upon which the teacher desires the contract to be terminated. If the employing authority 
does not agree to the termination of said contract, it shall, within ten days after receipt 
of such notice from the teacher, give the teacher a statement in writing that it does not 
agree to the termination of the contract. If the teacher breaks such contract without 
giving the required notice or after receiving written notice from the employing authority 
that it does not agree to the termination of the contract, then it shall be the duty of the 
superintendent to report the name of the teacher to the State Superintendent of Education. 
who shall thereupon give notice to the said teacher by registered mail to appear before 
the State Board of Education to show cause why such teacher's certificate should not 
be revoked or suspended. If the teacher fails to appear before the State Board, or if 
the teacher does appear and the said Board rules that such teacher did not have suffi- 
cient cause for terminating the contract, the said Board shall revoke or suspend the 
certificate of such teacher for a period not exceeding one year for the first offense. 

The- term, "-/^ocA^r," as herein used shall include all school personnel required to be certi- 
fied faj the State Boafxi of Educatioo. , '. 

150 



Rules and Regulations 

TEACHER EDUCATION AND CERTIFICATION. 

Pursuant to § 21-45, S. C. Code of 1952. 
Regulations Concerning Teacher Education and Certification. 
A copy of the above regulations was filed in the office of the Secretary of State 
October 14, 1957. Those interested should refer to same. 

Amendment to Teacher Education and Certification Filed with the Secretary of State 

October 14, 1957. 
(Filed in the office of the Secretary of State January 30, 1959.) 
A copy of the above amendment was filed in the office of the Secretary of State 
January 30, 1959. Those interested should refer to same. 

Amendments. 
(Filed in the office of the Secretary of State August 21, 1959.) 
A copy of the above amendments was filed in the office of the Secretary of State 
August 21, 1959. Those interested should refer to same. 

VOCATIONAL EDUCATION STATE PLANS. 

Pursuant to § 21-45 and § 21-691, S. C. Code of 1952. 
Amendments to Vocational Education State Plans filed Jan. 17, 1949 with the Secretary 

of State. 
(Filed in the office of the Secretary of State Jan. 14, 1955.) 
A copy of the above amendments was filed in the office of the Secretary of State 
Jan. 14, 1955. Those interested should refer to same. 

Amendment to the Trade and Industrial Section of the South Carolina State Plan for 

Vocational Education. 
(Filed in the office of the Secretary of State September 19, 1956.) 
A copy of the above amendment was filed in the office of the Secretary of State 
September 19, 1956. Those interested should refer to same. 

Amendments to State Plans for Vocational Education filed with the Secretary of State 

January 17, 1949. 
(Filed in the office of the Secretary of State January 30, 1959.) 
A copy of the above amendments was filed in the office of the Secretary of State 
January 30, 1959. Those interested should refer to same. 

PLANS FOR VOCATIONAL REHABILITATION. 

Pursuant to Act 130 of 1927 Acts and Joint Resolutions. 

Amendments to Plans for Vocational Rehabilitation filed Oct. 9, 1951 with the Secretary 

of State. 
(Filed in the office of the Secretary of State Jan. 14, 1955.) 
A copy of the above amendments was filed in the office of the Secretary of State 
Jan. 14, 1955. Those interested should refer to same. 

Revised State Plans for Administration of the Program Vocational Rehabilitation in 

South Carolina. 
(Filed in the office of the Secretary of State September 19, 1956.) 
A copy of the above plans was filed in the office of the Secretary of State September 
19, 1956. Those interested in same should refer thereto. 

Educational Finance Commission, State. 

Adopted by the South Carolina State Educational Finance Commission. 

TRANSPORTATION 

Pursuant to § 21-839.7, S. C. Code of 1952. 
(Filed in the office of the Secretary of State October 28, 1953.) 

GenerjJ Transportation Regfulations 
(Revised 1953-54 School Term) 
1. The Board of Trustees of each school district shall, through the Principal or Superintend- 
ent of each school in the district, he responsiWe to the Commission and the County Board 

151 



Code op Laws of South Carolina 

of Education for assistance in supervising the operation of school busses in the district 
The Principal or Superintendent of each school in the district shall keep informed as 
to all laws and regulations governing school bus transportation and cooperate fully at all 
times in the execution of same. Accurate records for transportation must be kept and 
reports made as requested. The transportation of pupils is an integral and essential 
part of the school program, and teachers may be assigned to school bus duties in the 
interest of the transportation program. 

2. In schools where pupils are transported to elementary schools which feed into central 
high schools for high school work, the state shall not be required to operate busses 
for high school and elementary pupils separately. The schedule of work and the opening 
and closing hours for all schools served by the same busses must be so arranged as to 
facilitate a maximum amount of school work and, at the same time, permit the operation 
of a satisfactory and economical transportation program. 

3. Busses shall be routed to make two or more trips where the combined trips (one way) 
can be made in one hour and fifteen minutes. 

4. School bus stops are to be set up on each route not less than two-tenths of a mile apart 
at safe points. During periods of inclement weather, busses may be allowed to stop at 
safe points nearest the house of each child on the regular routes. Stops shall not be made 
on blind curves, steep grades, or near the crests of hills. On routes where busses are re- 
quired to turn around in traversing their routes, points shall be selected in the interest 
of safety and with a view toward the walking limit of one mile. 

5. Busses must be left on the school grounds or in the vicinity of the school during the 
school day. 

6. Pupils are not to be transported from one district to another when an appropriate school 
is provided within the district. This should be considered in routing all busses. 

7. Parents or guardians of school pupils who have physical handicaps of lengthy duration 
m.ay apply for special school bus transportation service for such pupils in the following 
manner : 

a. Have the pupil examined by the local County Health Officer. 

b. Receive a written statement from the County Health Officer to the effect that without 

special school bus transportation service unusual hardship is experienced by the pupil in 
walking the required distance to the regular route. 

c. Submit the statement from the County Health Officer to the County Superintendent of 

Schools and request service. 

d The County Superintendent may submit the statement with a request for special school 
bus transportation service to the Educational Finance Commission for approval. Ap- 
proval by the Educational Finance Commission shall be required before a change in a 
school bus route for this purpose becomes official. 

e. Approval for such a change in a school bus route shall terminate at the end of a school 
year, at the time when the pupil has become normal, or when the pupil for whom the 
service was intended has moved to a different residence. 

8. Transportation on regular school routes is authorized only for pupils regularly enrolled in 
a public school in grades one through twelve. 

9. Under tlie terms of the law creating the State Educational Finance Commission, it is 
declared to be the policy of the State of South Carolina not to assume the responsibility 
of transporting any students living within one and one-half miles of the school they at- 
tend, such distances to be determined by the most direct route over publicly maintained 
roads or streets. Therefore, no school bus shall stop for the purpose of picking up or 
discharging any school child living within one and one-half miles of the school, unless 
the child qualifies for transportation under one of the following conditions : 

a. When the child qualifies for transportation due to physical handicaps as provided in 

Regulation Number 7. 

b. Where no additional state-owned school busses are required, it will be permissible for 

school busses to transport children to and from school on the established route within 
one and one-half miles distance of the school if there are vacant seats on the school bus. 

c. When the County Board of Education of any county of this state desires to have 

children transported to and from school within one and one-half miles distance of the 

school, state-owned busses may be used for this purpose providing the Countv Board of 

Education or a school district through the County Board will pay to the Educational 

Finance Commission 15 rents per mile or fractional part thereof traveled by busses in 

transporting children within the one and one-half mile. No additional state-owned 

busses will be assigned for transportation of students living within one and one-half 

miles of the school, as the number, capacity, and routes of all state-owned busses are 

assigned on the basis of punils livine beyond one and one-half miles of the school. 

10. Each bus driver shall keep his bus in a reasonahlv clean and sanitary condition. The 

continued failure of any driver to meet this renuirement shall result in his discharge. 

- Any" bus- driver using a bus on An unauthorized trip shaK te dismissed ifnni^dtately. Local 

152 



Rules and Regulations 

school boards shall designate a school official to see that busses shall not be abused; to 
assist in the investigation of damages to state-owned equipment; and to aid in the prose- 
cution, either civilly or criminally, of any proceedings necessary to see that proper care 
is taken. 

11. Bus drivers shall not abuse equipment assigned to them, and they shall exercise due 
diligence and care in their use of gasoline and oil. Each driver virill promptly make any 
reports required. Local school boards shall replace drivers who abuse busses assigned to 
them. 

12. The payment of the salary of any bus driver may be stopped when reports of unsatisfactory 
service have been investigated and found to be adequately substantiated. 

13. Local school boards shall be responsible for gasoline and oil assigned to them for the use 
of school busses. The board shall see that someone is designated to check in these supplies 
and check them out to busses as needed. The school district will be held responsible for 
excess shortages. Any loss of more than 2 percent of the gasoline dispensed shall be con- 
sidered as excessive. 

14. Should the regulations of the Commission governing the use of school busses for purposes 
other than transporting pupils to and from school be violated in any school district, busses 
in such school district may be withdrawn from any further extra-curricular service. 

15. Local school boards and County Boards of Education must correct violations in the rout- 
ing of any school bus under their jurisdiction, or payments for providing transportation on 
such route or routes may be withheld ; and the bus or busses may be removed from th* 
area until such time as adequate assurances are made that the requirements of the law 
and the regulations of the Commission will be fully observed- 

Emplojrment Security Commission. 

Adopted by the South Carolina Employment Security Commission. 

Appeal Regulations. 

Regulations. 

Rules and Regulations. 

APPEAL REGULATIONS. 

For the Conduct of Appeals from Determinations and Decisions on Claims for Benefits. 

Pursuant to §§ 68-63 and 68-162, S. C. Code of 1952. 

(Filed in the office of the Secretary of State September 14, 1959.) 

1. Appeals to Appeal Tribunal 

A. The Presentation of Appeals 

(1) The party appealing from an initial determination of a claims examiner shall 
file at the office where the claim was filed, or at the ofifice of the Commission in Columbia, 
South Carolina, a Notice of Appeal on the form provided, setting forth the information 
required thereon. Copies of the Notice of Appeal shall be mailed to the other interested 
parties to the initial determination of the examiner which is being appealed. 

(2) The party appealing from a determination of an examiner rendered subsequent 
to the issuance of an initial determination shall file a Notice of Appeal in like manner and 
place as is provided for appeal from an initial determination in Appeal Regulation 
l-A-(l) above, which shall be treated in the same manner as is therein provided. 

(3) The party appealing from a redetermination shall file Notice of Appeal as pro- 
vided for in Appeal Regulation l-A-(l) above, which shall be treated in the same 
manner as an appeal from an initial determination: Provided That, where there is 
pending an appeal from an initial determination, such appeal, unless withdrawn, shall 
likewise constitute an appeal from such redetermination. 

(4) In cases where Section 68-114(4) of the Act is involved, and initial determination 
in the case has been made by a special examiner designated therefor by the Commission, 
the party appealing from the initial determination of such special examiner shall file 
a Notice of Appeal in like manner as provided for in Appeal Regulation l-A-(l) above, 
which shall be treated in the manner prescribed in that Regulation. 

(5) Upon the scheduling of a hearing for an appeal, Notice of Hearing upon the form 
provided shall be mailed at least seven (7) days prior to the date of hearing, specifying 
the place and time of hearing, and the hearing official, to all interested parties to the 
appealed claim. 

(6) No additional hearings shall be allowed on the same appeal before the Appeal 
Tribunal except.those subject to Appeal Rules l-D-(l), l-D-(2) and 1-C-(1)(2)(3). ;, 

15.3 



Code of Laws of South Carolina 

B. DlSQUAI^IFICATION OF MEMBERS OF APPEAL TRIBUNALS 

No person shall serve on an Appeal Tribunal in the hearing of any appeal in which he 
is interested. Challenges to the interest of any person serving on an Appeal Tribunal may 
be heard and decided by the Appeal Tribunal, or in its discretion referred to the Com- 
mission. 

C. Hearing of Appeals 

(1) All Appeal Tribunal hearings shall be de novo in nature and conducted in- 
formally and in such manner as to ascertain the substantial rights of the parties. The 
Appeal Tribunal shall include in the record and consider as evidence all records of the 
Agency that are material to the issues. All issues relevant to the appeal shall be con- 
sidered and passed upon. Any party to the appeal may present such oral or vs^ritten 
testimony as may be pertinent to the appeal. Where a party appears in person, the 
Tribunal shall examine and cross-examine such party and his witnesses, and may examine 
and cross-examine the witnesses of any opposing party. The Appeal Tribunal with or 
without notice to any of the parties, may take such additional evidence at the hearing 
as it deems necessary. After a hearing and prior to actually rendering the decision, the 
Appeal Tribunal with notice to the interested parties as provided for in Appeal Regulation 
l-A-(5), may call the parties and any witnesses to appear before it for the taking of 
such additional evidence as it deems necessary. 

(2) The parties to an appeal, with the consent of the Appeal Tribunal, may stipulate 
the facts involved in writing. The stipulations agreed upon shall be included in the record 
of the case. The Appeal Tribunal may decide the appeal on the basis of such stipulation, 
or, in its discretion, may set the appeal down for hearing and take such further evidence 
or hearing arguments, as it deems necessary to determine the appealed claim. 

(3) The Appeal Tribunal, during the conduct of any hearing, maj-- indicate to the 
reporter portions of the testimony that it wishes transcribed to aid it in preparing findings 
of fact and decision. 

D. Adjournments of Hearings 

(1) The Appeal Tribunal shall use its best judgment as to when adjournments of a 
hearing shall be granted, in order to secure all the evidence that is necessary and to be 
fair to the parties to the appeal. 

(2) If the claimant fails to appear at the hearing, the Tribunal shall not issue a 
decision for a period of five days. If within such time the claimant applies for an ad- 
journed hearing and the Tribunal finds that there was good cause for the claimant's 
absence, an adjourned hearing may be approved and parties so notified. 

E. The Determination of Appeals 

(1) Following the conclusion of hearing of an appeal, the Appeal Tribunal shall, as 
soon as possible, announce its findings of fact and decision with respect to matters or issues 
of the appeal. The decision shall be in writing. The Tribunal shall set forth its findings 
of fact, its decision, and the reasons therefor. 

(a) In addition to the issues raised by the appealed determination the Tribunal may 
consider all issues affecting claimant's rights to benefits from the beginning of the 
period covered by the determination to the date of the hearing. 

(b) The Appeal Tribunal may pass upon any offer of work, separation, or question 
of availability arising between the filing of an appeal and the Appeal Tribunal hearing in 
those cases in which the Benefit Section has issued no determinations with respect to such 
subsequent issues. 

(c) The Appeal Tribunal may pass upon any issue framed prior to the filing of the 
appeal or the determination from which the appeal is taken, and with respect to which no 
determination has been issued by the Benefit Section. 

(d) The Appeal Tribunal at a hearing may receive and consider appeals from 
determinations issued subsequent to the determination and appeal giving rise to the 
hearing, provided such appeals are timely. 

(e) Subparagraphs (a) (b) (c) (d) supra will apply only when the parties are identical 
or present at the Appeal Tribunal hearing or properly notified of the issue or issues. 

(2) Copies of all decisions and the reasons therefor shall be mailed to all parties to 
the appeal, to the Claims Examiner, and to the Commission. 

F. Notice of Rights to Appeal from Appeal Tribunal Decision 
Each benefit appeal decision which is sent to the parties to an appeal shall include 
or be accompanied by a notice specifying the appeal rights of the parties. The notice of 
appeal rights shall state clearly the place and manner for filing an appeal from the de- 
cision and the period within which an appeal may be taken. 

154 



Rules and Regui^ations 

2. Appeals to the Commission as a Board of Review 

A. The Presentation of Application for Leave to Appeal to the Commission 

(1) Any interested party to the decision of an Appeal Tribunal which is unanimous, 
may apply for leave to appeal from such decision to the Commission, by filing at the office 
where the claim was filed, or at the office of the Commission in Columbia, South Caro- 
lina, within ten (10) days after the date of notification or mailing of the decision of the 
Appeal Tribunal, an Application for Leave to Appeal to Commission on the form pro- 
vided, setting forth the information required thereon. Such application may be accom- 
panied bj-^ reference to or excerpts from the original record of the hearing before the 
Appeal Tribunal. Copies of the Application for Leave to Appeal shall be mailed to all 
interested parties to the decision of the Appeal Tribunal. 

(a) The Commission may grant or deny any Application for Leave to Appeal, filed 
under Regulation 2-A-(l), without hearing, or may notify the interested parties to appear 
before it at a specified time and place for argument upon the application. Notices of such 
hearing for argument upon application, shall be mailed the interested parties to the 
decision of the Appeal Tribunal at least seven (7) days before the date of the hearing. 
The Commission shall specify the matters to be heard and the place and time of hearing. 

(b) Copies of the Commission's decision on any Application for Leave to Appeal 
shall be mailed to all interested parties to the decision. 

(c) If leave to appeal to the Commission is granted, the Commission shall schedule 
a hearing. Notice of hearing on the form provided shall be mailed at least seven (7) days 
before the date fixed for hearing, specifying the matters to be heard and the place and 
time of hearing to all interested parties. 

(2) Any interested party to the decision of an Appeal Tribunal, which is not 
unanimous, may apply for leave to appeal from such decision to the Commission by 
filing at the office where the claim was filed, or at the office of the Commission in Colum- 
bia, South Carolina, within ten (10) days after the date of notification or mailing of the 
decision of the Appeal Tribunal, an Application for Leave to Appeal to Commission on 
the form provided setting forth the information required thereon. Such application may 
be accompanied by reference to or excerpts from the original record of the hearing before 
the Appeal Tribunal. Copies of the Application for Leave to Appeal shall be mailed 
to all interested parties to the decision of the Appeal Tribunal. 

(a) The Commission shall ascertain in the case of every Application for Leave to 
Appeal to Commission if the decision of the Appeal Tribunal was unanimous. If the 
decision was not unanimous, the appeal shall be allowed without further consideration. 

(b) Copies of the Commission's decision to allow the appeal shall be mailed to all 
interested parties to the decision. 

(c) The Commission shall schedule a hearing when the appeal is allowed. Notice 
of Hearing on the form provided shall be mailed at least seven (7) days before the date 
fixed for hearing, specifying the matters to be heard and the place and time of hearing to 
all interested parties. 

B. Hearing of Appeals 

(1) Except as provided in Appeal Regulation 2-D for the hearing of appeals removed 
to the Commission from an Appeal Tribunal, all appeals to the Commission shall be 
heard solely upon the evidence in the record before the Appeal Tribunal. 

(2) In the hearing of an appeal upon the record, the Commission may limit the parties 
to oral argument, or may permit the filing of written argument, or both. 

C. The Review of Decisions of Appeal Tribunal by the Commission on its Own Motion 

(1) Within ten (10) days following a decision by an Appeal Tribunal, the Com- 
mission on its own motion may remove any decision to its own jurisdiction for review 
and may affirm, modify, or set aside such decision on the basis of the evidence previously 
submitted in such case, or may direct the taking of additional evidence. 

(2) The Commission shall in such cases allow the parties an opportunity to present 
their views before it with seven (7) days notice thereof to all parties interested. 

(3) Where the Commission directs the taking of additional evidence, it shall be taken 
in the manner prescribed for the conduct of hearings on appeals before the Appeal 
Tribunal, including seven (7) days' notice to the parties interested. Upon the completion 
of the taking of evidence and testimony pursuant to the direction of the Commission, 
the same shall be returned to the Commission for its consideration and decision. 



"^. 



155 



Code of Laws of South Carouna 

t). The Hearing by the Commission on Appeals Ordered Removed to It erom an 

Appeal Tribunal 

(1) Any appeal before an Appeal Tribunal, ordered by the Commission to be re- 
moved to itself prior to hearing by the Appeal Tribunal, shall be presented, heard, and 
decided by the Commission in the manner prescribed in Regulation l-C-(l), (2), and (3), 
for the hearing of appeals before the Appeal Tribunal. 

(2) Any appeals heard by an Appeal Tribunal may, prior to a decision by the 
Tribunal, be ordered by the Commission to be removed to itself and shall then be pre- 
sented, heard and decided by the Commission in the manner prescribed in Appeal Regu- 
lation 2-C-(2) and (3). 

E. The Decisions of the Commission 

(1) Appeals before the Commission may be heard by any two members thereof con- 
stituting a quorum. The Commission shall, as soon as possible, announce its findings and 
decision with respect to the appeal. The decision shall be in writing and shall be signed 
by the members of the Commission who heard the appeal. It shall set forth with respect 
to the matters appealed, the findings of fact of the Commission, its decision, and the 
reasons for such decision. 

(2) If a decision of the Commission is not unanimous, the decision of the majority 
shall control. The minority may be recorded as dissenting or file a written dissent from 
such decision, which shall set forth the reasons for failure to agree with the majority. 

(3) Copies of all decisions and the reasons therefor shall be mailed by the Commis- 
sion to the interested parties. 

3. Issuance of Subpoenas 

A. Subpoenas to compel the attendance of witnesses and the production of records for 
any hearing of an appeal, shall be issued by the Commission or its authorized repre- 
sentative, a member of the Commission or an Appeal Tribunal. 

B. Subpoenas for witnesses shall be issued only for the witnesses shown to be 
necessary in the application. 

C. Witnesses subpoenaed for any hearing before an Appeal Tribunal or the Com- 
mission shall be paid witness and mileage fees by the Commission in accordance with 
the following schedule: 

(1) Witness fee One ($1.00) Dollar per diem or fraction thereof. 

(2) Mileage fee Five (5^) Cents per mile, from place of residence to place of hearing 
and return. 

In no case shall witness fee or mileage exceed that allowed witnesses in the Court 
of Common Pleas of the County in which the hearing is held. 

4. Orders for Supplying Information from the Records of the Agency 

A. Orders for supplying information from the records of the Employment Security 
Commission to a claimant or his duly authorized representative, to the extent necessary 
for the proper presentation of a claim, shall issue only upon application therefor, which 
shall state, as nearly as possible, the nature of the information desired, and its relevancy to 
the claim. 

B. In all cases where an order to supply a claimant or his duly authorized repre- 
sentative with information from the records is issued, the party shall be furnished such 
information. 

5. Representation Before Appeal Tribunal and the Commission 

A. Any individual may appear for himself in any proceeding before an Appeal 
Tribunal or the Commission. Any partnerhip may be represented by any of the partners. 
An association may be represented by any of the members of such association. A cor- 
poration may be represented only by an attorney at law, except that any employee or 
agent of a corporation may give factual information to the Commission or its Appeal 
Tribunal. Representatives of labor unions, employee or employer organizations, may appear 
and give factual information or data which will be pertinent or helpful to the determina- 
tion of the issues before the Commission or its Appeal Tribunal. 

B. Any party may be represented by an attorney at law who is admitted to 
practice before the Supreme Court of South Carolina or the highest court of any of the 
States of the United States before any Appeal Tribunal or the Commission. 

C. The Commission, or the Appeal Tribunal, in its discretion, may refuse to allow 
any person to represent others in any proceeding before it, who it finds is guilty of 
unethical conduct, or who intentionally and repeatedly fails to observe the provisions of 
the South Carolina Employment Security Law, or the Rules, Regulations, and/or in- 
structions of either the Tribunal or the Commission. 

156 



Rules and Regulations 

6. Inspection of the Decisions of the Appeal Tribunals and the Commission 

A. Originals of all decisions of the Appeal Tribunal and the Commission shall be 
kept on file at the office of the South Carolina Employment Security Commission, Co- 
lumbia, South Carolina, and shall be subject to inspection by the parties thereto, or their 
duly authorized representatives, subject to the provisions of Sections 68-65 and 68-67 of 
the Act. 

B. Copies of the complete file of decisions of Appeal Tribunal and the Commission 
shall be open to the public for inspection, but such copies shall not reveal the identity of 
the parties. 

7. Appeal to the Courts 

A. Any party to the appeal before the Commission who has exhausted his remedies 
before the Commission may, within ten (10) days after the decision of the Commission 
has become final, file a petition with the Court of Common Pleas for the County in which 
the employee resides or the County in which he was last employed, for a review of 
the decision of the Commission. 

B. The party filing the petition for the review shall serve a copy of the petition 
upon the Commission by delivering a copy to the Executive Director of the Commission 
at Columbia, South Carolina. 

REGULATIONS. 

Pursuant to §§ 68-63 and 68-151, S. C. Code of 1952, unless otherwise stated. 

(Filed in office of Secretary of State April 24, 1953, unless otherwise noted.) 

Regulation V. Records: 

(Pursuant to § 68-63, S. C. Code of 1952, and filed June 14, 1956.) 
A. Each employing unit shall preserve for five years existing records with respect to 

individuals in its employ on or after July 1, 1936, indicating the date hereinafter set 

forth : 
2. For each individual employed during such period: 

(a) His name and Social Security Account Number. 

(b) Number of hours worked each week of less than full time. 

(c) His money wages (including special payments) paid for employment. 

(d) Reasonable cash value of remuneration paid by the employer in any medium 
other than cash. (See Rule 1.) 

(e) The date on which he was hired, rehired, or returned to work after temporary 
layoff, and the date and reason he was separated from employment. 

Regulation VIII: 

(Pursuant to § 68-63, S. C. Code of 1952, and filed June 14, 1956.) 
A. Notice to be Given Commission of Changes in Ownership for Purposes of Status 
Determination and Experience Rating Succession. 
* * itt 

8. 

Deleted by action filed in office of Secretary of State June 14, 1956. 

9. Employers shall immediately notify the Commission in the event of consolidation, 
dissolution, receivership, insolvency, bankruptcy, composition, assignment for the 
benefit of creditors, or similar proceedings. 

c. 

2. 

(c). 

Deleted by action filed in office of Secretary of State June 14, 1956. 

Regtilation X. Separation notices: 

A. 
1. 

(Items (c) and (d) below pursuant to § 68-63 and filed June 14, 1956.) 

(c) When a liable employer other than the last separating employer desires to 
protest a claim on the grounds that the worker was separated from his employ 
under disqualifying conditions and that benefit charges should be removed in 
accordance with Section 68-115, he shall furnish separation information on 
Form UCB-214, Request to Employer for Separation Information, so that it 
will reach the office of the Commission not later than nine (9) days from the 
date such form is mailed to him by the Commission. 

(d) Any employer who fails to furnish separation information indicating that a 
claimant is disqualified for benefits shall be presumed to have admitted that 
such worker is not disqualified under any of the provisions of Section 5 of the Act. 

157 Volume 7 



Code; of Laws of South Carolina 

B. Mass Separations : 

(Items 1 and 2 below filed October 25, 1954.) 

1. The term "mass separation" means a separation (permanently, or for an indefinite 
period, or for an expected duration of seven or more days), of twenty-five or more 
workers employed in a single establishment at or about the same time and for the 
same reason; Provided, However, that the term "mass separation" shall not apply to 
separations for regular vacation periods as defined in the Act. 

2. In cases of mass separation the employer shall, for each individual affected, file with 
the Employment Service Office nearest the worker's place of employment, or with 
such office nearest employee's residence, Form UCB-113, setting forth such infor- 
mation as is required thereby; such form shall be filed not later than eight days, 
exclusive of Sundays and holidays, after such separation. 

Regulation XII. Filing Claims for Benefits and Registration for work: 

(Filed August 24, 1954.) 
A. TOTAL UNEMPLOYMENT: 

1. Individual Claims: 

(a) Initial Claims : Any individual may file a request for a determination of his status 
as an insured worker in order to establish a benefit year for the purpose of claiming 
benefits or waiting week credits for total unemployment. Such request shall be 
filed in person at the Employment Service Office nearest the place of his must re- 
cent employment or residence, and shall set forth that he (1) is unemployed and that 
he (2) registers for work. Such request, for the purpose of these Regulations, 
shall be known as an Initial Claim (Form UCB-101), and shall constitute the regis- 
tration of the individual for work. 

2. Mass Claims: 

(a) Initial Claims: The filing by an employer on Form UCB-113, in accordance with 
Regulation X B 1, when signed by the claimant, constitutes registration for work 
and a request for the determination of status as an insured worker for each indi- 
vidual for whom such form is submitted. 

C. PARTIAL UNEMPLOYMENT: 
1. Individual Claims: 

(b) Initial Claims : 

(1) For each partially unemployed worker for whom a current benefit year has not 
been previously established and who in one payroll week has been furnished by 
his employer with less than four days work or earned wages less than $26 dur- 
ing such week, the employer shall promptly prepare Form UCB-114, Low Earn- 
ings Report and Claim — Partial Unemployment. All information requested on 
the upper portion of the form must be supplied. The employer shall, if possible, 
obtain the signature and address of the worker and forward Form UCB-114 to 
the nearest Employment Service Office. The completed Form UCB-114. signed 
by the claimant, shall be used as a request for determination of status as an in- 
sured worker and claim for wnitine week credit for each individual for whom 
such form is filed. (This item, (1), filed August 24, 1954; then amended 
pursuant to § 68-63, S. C. Code of 1952, and filed June 14, 1956.) 

(2) If the worker's sienatnre cannot be obtained, the employer shall deliver the 
unsigned Form UCB-114 to the nearest Employment Service Office. On his 
next visit to the Employment Service Office, the worker shall complete the in- 
formation requested on the lower portion of the form and shall sign in the 
proper place, showing his present address. 

(3) The worker may file his request for determination of status as an insured 
worker and claim for waitine week rred't using Form UCB-114, if available, 
and if not, using Form UCR-llS. provided he does so within 28 days immediate- 
ly following the date upon which he received appropriate notice from his em- 
ployer as to his eaniines w'tb ^■^iif^rf to anv wek of partial unemployment. 

2. Mass Partial Claims : 

Item (c) pursuant to § 68-63. S. C. Code of 19,S2. and filed June 14. 1956.) 

(c) The employer shall file low earnings reports (Form UCB-114) for each week 
for each individual who is sufferinEj a significant amount of reduced hours and 
is earning less than his weekly bt'ncfit amount. If the employer has not been 
notified of the weekly benefit amount of any individual in his employ, the employer 
shall file a low earnincrs rcp' -"t (Form l.TCB-114) for the first week that such 
individual suflFered a signi^rant amount of reduced hours and earns less than 
$26.00 for such week. Th^ n'-ocrdnrp chall be the same as that outlined for 
individual claims for partial unemnlovment. 

ICQ 



Rules and Regulations 

D. LABOR DISPUTES: 

4. The list of names as set forth above shall constitute a request for determina- 
tion of status as an insured worker for each mdividual affected thereby and a 
special exannner designated by the Commission, according to bcction o8-114 of 
the Act, shall make a determination as to whether or not such unemployment 
exists because of a labor dispute, and for seven (7) days thereafter from th« 
first day of unemployment. 
This regulation (filed August 24, 1954) shall become effective on or after August 25, 1954. 
Quoted in Hartsville Cotton Mill v. Comm., 224 S. C. 193, 79 S. E. 2d 407 
South Carolina Employment Security (1953). 

Regulation XIV. Offers of Work: 

(Items B and C below pursuant to § 68-63, S. C. Code of 1952, and filed June 14, 1956.) 

B. A written offer of work made directly by an employer shall set out the nature of 
the work offered, the probable wages and hours per week, the shift or daily hours 
of the proposed employment, the expected duration of employment, the time and 
place the claimant should report, and the name of the person to whom he is to 
report. No disqualification will be imposed by reason of the failure of a claimant 
without good cause to accept a direct offer of available and suitable work unless 
the employer submit a copy of such an offer to the Commission together with a 
certification that it was either received and refused by the claimant, or that it was 
directed by registered mail to the last known address of the claimant and that 
no response was made by the claimant; Provided, hozvever, that no direct offer 
of work made in accordance with this section shall be considered unless a notice 
of such offer of work is received by the Commission within seven (7) days after 
such offer was made. 

C. An oral offer of work may be made directly by an employer but before a claimant 
shall be disqualified to receive benefits by reason of his failure to accept, without 
good cause, available suitable work so offered a sworn statement shall be submitted 
by the employer to the Commission setting forth that the offer of work was made 
directly to the claimant, the nature of the work offered, the wages and hours per 
week, the shift or daily hours of the proposed employment, the expected duration 
of the employment, the time and place the claimant should have reported for duty, 
and any reason given by the claimant for his refusal to accept work; Provided, 
however, that no direct offer of work made in accordance with this section shall be 
considered unless a notice of such offer of work is received by the Commission 
within seven (7) days after such offer was made. 

Regulation XV. "Week" defined: 

(Item C pursuant to § 68-63, S- C. Code of 1952, and filed June 14, 1954.) 

C. WEEK OF DISQUALIFICATION: 

With respect to period of disqualification under Section 68-114 of the Act as 
amended, "Week" means a 7-consecutive-day period. 

Regulation XX. Payment of Benefits to Interstate Claimants and the Combination of 

Wage Credits: 

Section 1. The following regulation shall govern the South Carolina Employment 
Security Commission, in its administrative co-operation with other States adopting a similar 
regulation for the payment of benefits to interstate claimants. 

A. DEFINITIONS: 

As used in this regulation, unless the context clearly requires otherwise : 

1. "Interstate Benefit Payment Plan" means the plan approved by the Interstate Conference 
of Employment Security Agencies under which benefits shall be payable to unemployed in- 
dividuals absent from the State (or States) in which benefit credits have been accumu- 
lated. 

2. "Interstate claimant" means an individual who claims benefits under the unemployment in- 
surance law of one or more liable States through the facilities of an agent State. The terra 
"interstate claimant" shall not include any individual who customarily commutes from a 
residence in an agent State to work in a liable State unless the South Carolina Employment 
Security Commission finds that this exclusion would create undue hardship on such claim- 
ant"? in specified areas. 

3. "State" includes Alaska, Hawaii, and the District of Columbia. 

4. "Agent State" meaiis any State in which an individual files a claim for benefits from an- 
other State. 

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Code of Laws of South Carouna 

5. "Liable State" means any state against which an individual files, through another State, 
a claim for benefits. 

6. "Benefits" means the compensation payable to an individual, with respect to his unemploy- 
ment, under the unemployment insurance law of any State. 

7. "Week of unemployment" includes any week of unemployment as defined in the law of the 
liable State from which benefits with respect to such week are claimed. 

B. REGISTRATION FOR WORK: 

1. Each interstate claimant shall be registered for work, through any public employment office 
in the agent State when and as required by the law, regulations, and procedures of the 
agent State. Such registration shall be accepted as meeting the registration requirements of 
the liable State. 

2. Each agent State shall duly report, to the liable State in question, whether each interstate 
claimant meets the registration requirements of the agent State. 

C. BENEFIT RIGHTS OF INTERSTATE CLAIMANTS: 

1. If a claimant files a claim against any State, and it is determined by such State that the 
claimant has available benefit credits in such State, then claims shall be filed only against 
such State as long as benefit credits are available in that State. Thereafter, the claimant 
may file claims against any other State in which there are available benefit credits. 

For the purpose of this regulation, benefit credits shall be deemed to be unavailable whenever 
benefits have been exhausted, terminated, or postponed for an indefinite period or for the 
entire period in which benefits would otherwise be payable, or whenever benefits are afiected 
by the application of a seasonal restriction. 

2. The benefit rights of interstate claimants established by this regulation shall apply only 
with respect to new claims (notices of unemployment) filed on or after July 5, 1953. 

D. CLAIMS FOR BENEFITS: 

1. Claims for benefits or waiting-period shall be filed by interstate claimants on uniform 
interstate claim forms and in accordance with uniform procedures developed pursuant to 
the Interstate Benefit Payment Plan. Claims shall be filed in accordance with the type of 
week in use in the agent State. Any adjustments required to fit the type of week used by 
the liable State shall be made by the liable State on the basis of consecutive claims filed. 

2. Claims shall be filed in accordance with agent- State regulations for intrastate claims in local 
employment offices, or at an itinerant point, or by mail. 

(a) With respect to claims for weeks of unemployment in which individual was not 

working for his regular employer, the liable State shall, under circumstances which 
it considers good cause, accept a continued claim filed up to one week, or one re- 
porting period, late. If a claimant files more than one reporting period late, an 
initial claim must be used to begin a claim series and no continued claim for a past 
period shall be accepted. 

(b) With respect to weeks of unemployment during which an individual is attached to 

his regular employer, the liable State shall accept any claim which is filed within the 
time limit applicable to such claims under the law of the agent State. 

E. DETERMINATION OF CLAIMS: 

1. The agent State shall, in connection with each claim filed by an interstate claimant, ascer- 

tain and report to the liable State in question such facts relating to the claimant's availabili- 
ty for work and eligibility for benefits as are readily determinable in and by the agent 
State. 

2. The agent State's responsibility and authority in connection with the determination of inter- 
state claims shall be limited to investigation and reporting of relevant facts. The agent State 
shall not refuse to take an interstate claim. 

F. APPELLATE PROCEDURE: 

1. The agent State shall afford all reasonable co-operation in the taking of evidence and the 
holding of hearings in connection with appealed interstate benefit claims. 

2. With respect to the time limits imposed by the law of a liable State upon the filing of an 
appeal in connection with a disputed benefit claim, an appeal made by an interstate claim- 
ant shall be deemed to have been made and communicated to the Uable State on the date 
when it is received by any qualified officer of the agent State. 

G. EXTENSION OF INTERSTATE BENEFIT PAYMENTS TO INCLUDE 
CLAIMS TAKEN IN AND FOR CANADA: 

This regulation shall apply in all its provisions to claims taken in and for Canada. 

This regulation shall become effective with respect to new claims filed on or after July 5, 1953. 

160 



RUI,ES AND RSGUI^ATIONS 

Section 2: 

(Section 2 pursuant to § 68-63, S. C. Code of 1952, and filed June 14, 1956.) 

A. The South Carolina Employment Security Commission subscribes to the Interstate 
Plan for Combining Wages (Basic Plan and Extended Plan) in accordance with 
Section 68-64, Code of Laws of South Carolina, 1952, as amended, for the administrative 
cooperation with other participating states for the payment of combined wage claims 
to interstate claimants. 

1, The Basic Wage-Combining Plan. 

The Basic Wage-Combining Plan is adopted to establish a system whereby an 
unemployed worker not eligible for benefits in any one state may, through combining 
of wages in more than one participating state, become eligible for benefits. 

2. The Extended Wage-Combining Plan. 

The Extended Wage-Combining Plan is adopted to establish a system whereby an 
unemployed worker having sufficient base-period wages to qualify for less than maximum 
annual unemployment insurance benefits in one or more participating states and in- 
sufficient base-period wages to qualify for benefits in one or more other participating 
states, may increase the benefits to which he is entitled by combining wages in one of th« 
states in which he has sufficient base-period wages with base-period wages in all states 
in each of which he has insufficient wages. 

The Plan for Combining Wages shall be administered in accordance with uniform 
Interstate Benefit Payment Procedures for combining wages. 

B. Termination of Combining Wages: 

Combining of wages terminates upon the termination of the benefit year in the 
paying state or at such time as redetermination of benefit rights becomes necessary under 
the law of the paying state. 

C. Relation to Interstate Benefit Payment Procedures: 

Whenever this Plan applies, it shall supersede any inconsistent provisions of the 
Interstate Benefit Payment Plan and the Regulations thereunder. 

Regulation XXV. Voluntary Contributions: 

(Pursuant to § 68-63, S. C. Code of 1952, and filed June 24, 1956.) 
Any employer, in order to obtain a lower contribution rate, may make a voluntary 
contribution to the fund in addition to the contribution required under Chapter 4, Article 
2, South Carolina Unemployment Compensation Law; Provided, however, that a volun- 
tary contribution to be used in the computation of a reduced rate for a calendar year 
must be made prior to March 1 of such calendar year. Such voluntary contribution 
shall be credited to the employer's account as of the computation date of such calendar 
year. Any voluntary contribution made as provided herein shall not be considered as 
payment of future contributions and shall not be refunded. 

Regulation XXVII. Notice of benefit determination and appeal rights: 

(Pursuant to § 68-63, S. C. Code of 1952, and filed August 26, 1955.) 

Each notice of benefit determination which is required to be furnished shall, in 
addition to stating the decision and its reasons, include a notice specifying the parties 
appeal rights. The notice of appeal rights shall state clearly the place and manner 
for filing an appeal from the determination and the period within which an appeal 
may be taken. 

Regulation XXVIII. Benefitsi Payable Under Title XV of the Social Security Act, 

as amended: 
(Pursuant to § 68-63, S. C. Code of 1952, and filed May 25, 1960.) 
Effective May 23, 1960 
Pursuant to Section 68-64, S. C. Code, 1952, as amended, the Commission has 
entered into an Agreement with the Secretary of Labor to act as agent of the United 
States in the administration of Title XV of the Social Security Act, as amended, which 
provides for the payment of unemployment compensation benefits to Federal employees 
(UCFE — Unemployment Compensation for Federal Employees) and ex-servicemen 
(UCX — Unemployment Compensation for Ex-Servicemen) ; to cooperate with the 
Secretary and with other State agencies in making such payments, and to pay compensa- 
tion under Title XV to individuals entitled thereto in the same amount, on the same 
terms, and subject to the same conditions as compensation would be payable to such 
individuals under the State Unemployment Compensation Law, if such individuals* 

161 



Code of Laws of South Carolina 

Federal service and Federal wages had been included as employment and wages under 
the South Carolina Law. 

a. Distribution of cost of benefit payments under State and Federal programs. 

A UC, UCFE, or UCX claimant who has exhausted his benefits in a previous benefit 
year and has been held ineligible under Section 68-105, S. C. Code, 1952, as amended, will 
not be eligible for benefits in a subsequent benefit year under any program until the 
conditions of Section 68-105 have been satisfied. Benefits paid to a UC, UCFE, or UCX 
claimant who is ineligible for benefits under Section 68-105 and subsequently earns wages 
in employment will be charged as follows: 

(1) If an otherwise eligible state UC claimant (ineligible under Section 68-105) earns 
as much as eight times his weekly benefit amount from a state covered employer, his 
claim will be paid and charged to the covered employer's account. 

(2) If an otherwise eligible State UC claimant (ineligible under Section 68-105) 
earns as much as eight times his weekly benefit amount from a Federal agency, his 
claim will be paid and charged to the State Trust Fund. (No employer's experience rating 
account will be charged.) 

(3) If an otherwise eligible UCFE or UCX claimant (ineligible under Section 68-105) 
earns as much as eight times his weekly benefit amount in Federal employment or from 
a State covered employer as defined in Section 68-11, his claim will be paid and benefits 
will be charged to the Federal program. 

(4) If an otherwise eligible joint UC-UCFE or joint UC-UCX claimant (ineligible 
under Section 68-105) earns as much as eight times his weekly benefit amount from a 
State covered employer, the state portion of the claim will be charged to the employer's 
account and the Federal portion will be charged to the Federal program. 

(5) If an otherwise eligible joint UC-UCFE or joint UC-UCX claimant (ineligible 
under Section 68-105) earns as much as eight times his weekly benefit amount from a 
Federal agency, the State portion will be charged to the State Trust Fund (no employer's 
account will be charged) and the Federal portion will be charged to the Federal program. 

b. Eligibility based on State "frozen wage credits" and UCX military Service. 
Under Section 68-112 of the S. C. Unemployment Compensation Law, an individual 

who leaves covered employment to enter military service is entitled to have his wage 
credits "frozen" in accordance with Regulation XIX. 

In processing a claim for an ex-serviceman who is entitled to benefits under the pro- 
visions of Section 68-112 and is also entitled to benefits under Section 1511, Title XV, of 
the Social Security Act, as amended, based on his military wages, a determination will 
be made of the individual's entitlement based on State "frozen wage credits" under 
Regulation XIX. 

A second determination will be made for UCX benefits based on Title XV military 
wages in the normal base period (as defined in Section 68-6) of the claim. 

(1) If the individual's benefits calculated on the normal base period are superior to 
those calculated on the "frozen wage credits" base period and the only wages in the 
normal base period are UCX wages, the claim will be considered as UCX and the 
total benefits paid will be charged to the Federal program. 

(2) If the individual's benefits calculated on "frozen wage credits" are superior 
to those calculated on the normal base period of the UCX claim, the claim will be con- 
sidered as a "frozen wage credit" claim and the total amount of benefits paid will be 
charged to the State Trust Fund. 

(3) If the normal base period of the UCX claim contains state wages, which will 
provide some benefits, in addition to Title XV (UCX) military wages, only the increased 
cost of benefits will be charged to the Federal program. 

(4) If the normal base period of the UCX claim contains UCFE Federal wages 
and UCX military wages, no segregation need be made and the benefits will be charged 
to the Federal program. 

c. Exclusion of Federal Wages in a determination. 

In making a monetary determination of a State UC claim, Federal wages will not be 
included in such determination if doing so will reduce the amount of benefits to which 
the individual is entitled on the basis of his state wages alone. 

d. Payment for Weeks of Less than Full-Time Employment. 

The amount of partial benefits to be paid to a joint UC-UCFE or joint UC-UCX 
claimant for a week of partial or part-total unemployment as defined in Regulation XI 
shall be computed on the basis of the joint maximum weekly benefit amount. The charge 
to the Federal Government for benefits paid will be the amount in excess of that which the 
claimant would have received on his state UC claim without the inclusion of Federal 
wages. 

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Rules and Regulations 

RULES AND REGULATIONS. 

(Filed in the office of the Secretary of State July 19, 1956.) 
A copy of the Rules and Regulations of the Employment Security Commission, re- 
vised to July 1, 1956, filed in the office of the Secretary of State July 19, 1956. Those 
interested should refer to same. 

Forestry, State Commission of. 

Adopted by State Commission of Forestry. 
Pursuant to § 51-3, S. C. Code of 1952 

OPERATION OF STATE PARKS. 
(Filed in the office of the Secretary of State October IS, 1957) 

1. State Property: It shall be unlawful to destroy, injure, deface, remove or disturb 
in any way any State Park building, sign, marker, fence, gate or other structure or equip- 
ment; or any tree, flower, vegetation, rock, mineral formation; or any animal, bird or 
wildlife. If the removal of noxious or poisonous growth is necessary, a park employee 
shall be notified. 

2. Fires: Building of fires is prohibited except at designated places in regular fire- 
places, pits or stoves. No lighted match, cigarettes, cigars, pipe heel or other burning 
material shall be thrown or dropped in any grass, leaves, twigs or other combustible 
material. 

3. Sanitation: It shall be unlawful to dispose of any garbage, bottles, cans or other 
refuse or contaminating material other than by placing in receptacles provided for such 
purpose; except primitive camping groups may receive special instructions from park 
superintendents. Comfort stations shall be used in a clean and sanitary manner. Pollution 
of the water supply, streams or lakes in a State Park is prohibited. 

4. Firearms: It shall be unlawful for any person or persons other than officers of 
the law to have in their possession or under their control any firearms, air guns, ex- 
plosives, traps or nets with the exception of firearms which are unloaded both in barrels 
and magazines and duly sealed by an authorized park attendant or kept in a carrying case. 

5. Dogs and Cats: Dogs and cats running at large are prohibited in the parks. 
Dogs may be kept on leash; except that no dogs or other pets are permitted in cabin 
areas. Employees may be authorized by the director to keep dogs at their official residence. 

6. Wildlife: State Parks are wildlife sanctuaries. No person shall take, kill, hunt, 
pursue, disturb or molest any wild bird or animal at any time in any State Park. 

7. Picnicking: Picnicking or the eating of lunches shall be confined to the areas pro- 
vided and designated for such use. Refuse and litter shall be properly disposed of before 
leaving a picnic area. 

8. Bathing: Bathing in lakes and streams within the State Parks is prohibited except 
at designated beaches. A shower must be had before bathing. Changing clothes in toilets, 
automobiles or in any place within the State Parks other than designated buildings is 
prohibited. 

9. Fishing: The laws of the State in regard to seasons, limits and methods of fishing 
shall be in force in the State Parks; except that further restrictions may be promulgated 
by the director as local conditions may dictate. 

10. Vehicles: The operation of motor vehicles in excess of the posted speed limits is 
prohibited. Motor vehicles shall not be operated on any but regular park roads provided 
for the purpose, with the exception of official cars or trucks in the performance of duty. 
Parking shall be limited to regularly designated areas provided for the purpose. 

11. Boats: Use of privately owned boats on lakes or streams within the State Parks 
is prohibited, except upon written permit issued by the director. Motor boats are pro- 
hibited on all waters lying wholly within State Park areas, except that electric motors 
may be used under written permit from the park superintendent; and except that a motor 
boat may be authorized by the director for the conduct of official duties. 

12. Personal Conduct: It shall be unlawful for any person or persons to conduct them- 
selves in a disorderly manner of any kind. The consuming or displaying in public of any 
beverage of alcoholic content shall be considered disorderly conduct. State Parks are 
quiet areas, and no noises shall be tolerated which result in the annoyance of others or 
disturb the quiet of cabins or other public areas. 

13. Private Operations and Advertisements: No person, association or corporation 
shall engage in or solicit any business within State Parks, except as authorized by a duly 
executed written agreement or permit. Private notices or advertisements shall not be 
posted, distributed, or displayed in any State Park without written permission ofthe 
director. 

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Code op Laws op South Carouna 

14. Hours of Operation: Hours of use of the State Parks shall be from 8 o'clock in 
the morning until 10 o'clock at night, when the park gate shall be closed and locked; and 
no individual or group may remain in the park past the closing hour except upon written 
permit from the park superintendent; and except that parks may on occasions be closed 
at sundown and may be closed temporarily against all use in event of existence of an 
emergency. 

Funeral Service Board, South Carolina State. 

Adopted by South Carolina State Board of Funeral Service, 
Pursuant to § 56-680, this supplement [Act No. 272 of 1955, p. 550]. 

EMBALMING AND FUNERAL DIRECTING. 
(Filed in the office of the Secretary of State March 29, 1957.) 

1. Any person who actively engages or participates in any way in funeral directing 
or in the management of a funeral establishment shall be considered to be practicing as a 
funeral director and must be licensed under the terms of the Act of May 12, 1956. When 
any funeral establishment is owned by a partnership or corporation, the person or 
persons in active charge of the operating of such establishment must be licensed under 
the terms of this act and subject to the penal provisions thereof. 

2. Any person desiring to engage in embalming or in the profession of funeral 
directing in this State shall make written application to the Board for such license. The 
application shall be in such form and submitted in such manner as shall be prescribed by 
the Board and shall be accompanied by an application fee of $25.00 and filed with the 
Board thirty days prior to the examinations. The license shall be signed by the president 
and secretary of the Board and the seal of the Board affixed thereto. No license shall 
be issued or renewed for a period exceeding one year. 

Any person holding an embalmer's or funeral director's license may have the 
same renewed by making and filing with the secretary of the Board an application there- 
for, within thirty days preceding the expiration of his license upon blanks provided by 
the Board and upon payment of a renewal fee of $10.00 for each license; provided that 
any person neglecting or failing to have his license renewed as above provided may, 
at the discretion of the Board, have the same renewed by making application therefor 
during the ninety days immediately following the expiration date and upon the payment 
of a revival and renewal fee of $10.00 each; and provided, further that the license of any 
licensee who is actively engaged in the military service of the United States, may, at the 
discretion of the Board, be held in abeyance for the duration of such service and such 
person may be relieved of the payment of such renewal and revival fees as the Board 
may deem justifiable and expedient. 

3. No person shall be issued a license as an embalmer unless he is at least twenty-one 
years of age; a resident of South Carolina for one year, a citizen of the United States; 
of good moral character, as evidenced by at least two affidavits from licensed Funeral 
Directors and Embalmers to that effect; possessed of a high school education or not less 
than sixteen Carnegie units or the equivalent thereof (the equivalence to be determined 
by the South Carolina State Board of Education) ; has succssfully completed a regular 
course of not less than one year (nine scholastic months) in an embalming college 
accredited by the Board; has completed a minimum of twenty-four months of service as 
an apprentice under the direct supervision of a licensed embalmer actively engaged in 
the practice of embalming in this State; and has passed to the satisfaction of the 
Board an examination as prescribed by the Board of his qualifications and skill in em- 
balming. Provided, however, that any person holding a valid embalmer's license in another 
State or territory which has been in effect continuously for five years or more, shall 
not be required to serve an apprenticeship to qualify for examination by the Board. 

No person shall be issued a license as a funeral director unless he is at least twenty- 
one years of age; a resident of South Carolina for one year, a citizen of the United 
States; of good moral character, as evidenced by at least two affidavits from licensed 
Funeral Directors and Embalmers to that effect; possessed of a high school education or 
not less than sixteen Carnegie units or the equivalent thereof (the equivalence to be 
determined by the South Carolina Board of Education) ; has completed a minirnum of 
twelve months of service as an apprentice funeral director under the direct supervision of 
a licensed funeral director actively engaged in the practice of funeral directing in this 
State; and has passed to the satisfaction of the Board an examination as prescribed by 
the Board of his qualifications and skill as a funeral director. Provided, hozvever, that 
any person holding a valid funeral director's license in another State or territory which 
has been in effect continuously for five years or more shall not be required to serve an 
apprenticeship to qualify for examination before the Board. 

Provided, further, that any licensed embalmer, qualified to embalm under the laws 
of another State, who has held a valid license of such State for a period of at least five 

164 



Rules and Regulations 

years, shall be authorized to practice embalming in this State, upon application and 
approval thereof and under the supervision and guidance of a funeral director duly li- 
censed under the laws of South Carolina. Such embalmer shall be required to pay the 
regular prescribed license fee set forth in these Rules and Regulations, The State 
Board of Funeral Service shall have the opportunity to suspend such license upon request 
of the respective funeral director having supervision and guidance over such licensee, 
or upon its own right on the grounds as defined in Rule No. 4 of these Rules and 
Regulations. 

Each apprentice, upon commencing his apprenticeship, shall register as an apprentice 
with the secretary and pay $5.00 fee for each. He shall notify the Board immediately 
upon completion of his apprenticeship and as evidence thereof, submit to the Board 
sworn affidavit to that effect, signed by the licensed embalmer or funeral director under 
whom such apprenticeship was served. 

The Board shall have the power and it shall be its duty to prescribe rules and 
regulations governing the qualifications, fitness and practices of those engaged in and 
who may engage in embalming and funeral directing in this State and the care and 
disposition of dead human bodies; governing the standards of sanitation to be observed 
in the embalming and care of dead human bodies; and governing the proper administra- 
tion of the provisions of this act. The Board shall specifically have the power to fix 
and prescribe rules and regulations as to the procedure to be followed in the making of 
applications for licenses, in the issuance and renewals of licenses, and in the conduct of 
examinations. It shall fix the fees to be paid for licenses and renewals and for the 
registration of apprentices. 

4. The Board may refuse to issue or may refuse to renew, or may suspend or 
revoke any license, or may place the holder thereof on a term of probation after proper 
hearing upon the holder of such license to be guilty of any of the following acts or 
omissions: 

1. Conviction of a crime involving moral turpitude. 

2. Conviction of a felony. 

3. Unprofessional conduct which is hereby defined to include: 

(a) Misrepresentation or fraud in the conduct of the business of the profession of a 
funeral director or embalmer; 

(b) False or misleading advertising as a funeral director or embalmer; 

(c) Solicitation of dead human bodies by the licensee, his agent, assistants, or em- 
ployees whether such solicitation occurs after death or while death is impending, 
provided, that this shall not be deemed to prohibit general advertising; 

(d) Employment by the licensee of persons known as "Cappers", or "Steerers" or 
"Solicitors," or other such persons to obtain funeral directing or embalming. 

(e) Employment directly or indirectly of any apprentice, agent, assistant, embalmer, 
employee or other person, on part or full time, or on commission for the purpose of 
calling upon individuals or institutions by whose influence dead human bodies may be 
turned over to a particular funeral director or embalmer; 

(f) The direct or indirect payment or offer of payment of a commission by the li- 
censee, his agents, assistants or employees for the purpose of securing business; 

(g) Gross immorality; 

(h) Aiding or abetting an unlicensed person to practice funeral directing or em- 
balming; 

(i) Using profane, indecent or obscene language in the presence of a dead human 
body, or within the immediate hearing of the family or relatives of a deceased whose body 
has not yet been interred or otherwise disposed of; 

(j) Solicitation or acceptance by a licensee of any commission or bonus or rebate in 
consideration of recommending or causing a dead human body to be disposed of in any 
cemetery, mausoleum or crematory; 

(k) Violation of any of the provisions of this act; 

(1) Violation of any State law or municipal ordinance or regulation affecting the 
handling, custody, care or transportation of dead human bodies; 

(m) Fraud or misrepresentation in obtaining a license; 

(n) Refusing to promptly surrender the custody of a dead human body, upon the 
express order of the person lawfully entitled to the custody thereof; 

Co) Failure to secure permit for removal or burial of a dead human body prior to 
interment or disposal; 

(p) Knowingly making any false statement on a certificate of death. 

In addition to the above specific grounds for refusal or suspension of a license or 
the placing of a licensee on probation, whenever the Board shall have reason to believe 
that any person to whom a license has been issued has become unfit to practice embalm- 
ing, or funeral directing, as the case may be, or has violated any of the provisions of this 
act or any rule or regulation prescribed, it shall be the duty of the Board to conduct an 
investigation, and if from such investigation it shall appear to the Board that there is 

165 



Code of Laws of South Carolina 

reasonable ground for belief that the accused may have been guilty of the violations 
charged, a time and place shall be set by the Board for a hearing to determine whether 
or not the license of the accused shall be revoked. Any member of the Board shall have 
the right to administer the oaths to witnesses. 

5. It shall be unlawful and punishable tor any person to remove or embalm a dead 
human body when any fact within his knowledge or brought to his attention is sufficient 
to arouse suspicion of crime in connection with the death of the deceased until the per- 
mission of the coroner or of a magistrate, if the coroner not be accessible, shall have first 
been obtained. 

6. Any person violating any of these rules and regulations shall be deemed guilty of 
a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than 
one thousand dollars or by imprisonment for not more than one year, or both, in the 
discretion of the court. 

7. Every licensed Funeral Director shall spend at least two-thirds of his time in the 
funeral business, or his license will not be renewed. 

8. Where embalming is done, the preparation room shall contain not less than sixty- 
four square feet of floor space; must have a sanitary floor covering, at least one sanitary 
operating table, running water and proper sewer disposal, a sanitary waste receptacle, 
proper ventilation and all outside openings must be properly screened. All waste shall be 
disposed of in a sanitary manner. 

9. The interior and exterior of the Funeral Establishment and its premises shall be 
kept in a sanitary condition and in keeping with its surrounding local area. 

10. Every Funeral establishment operating in the State of South Carolina must dis- 
play in a conspicuous place on the premises a permit stating that the establishment has 
qualified under the laws and rules and regulations of the South Carolina State Board of 
Funeral Service. 

11. Annual meetings shall be held in July for the purpose of conducting examinations 
for Funeral Director's and Embalmer's licenses, notice of which will be made public 
through the newspapers thirty days prior to the time of examination. 

Health, State Board of. 

Adopted by the South Carolina State Board of Health. 
Pursuant to § 32-8, S. C. Code of 1952, unless otherwise noted. 
Camps, Organized. 
Communicable Diseases. 

Eating and Drinking Establishments and Other Retail Food Establishments. 
Frozen Dairy Foods and Frozen Desserts, Regulations Governing the Sanitary Con- 
trol of the Manufacture, Distribution, and Sale of. 
Hospitals and Institutional General Infirmaries, Licensing. 
Industrial Plants. 
Midwives. 

Milk and Milk Products. 

Nursing Homes and Institutional Nursing Homes, Licensing. 
Oral Prescriptions. 
Psittacine Birds. 
Shellfish. 

Shoe Fitting Machines. 
Smallpox Vaccination. 
Spray-Type Dishwashing Machines. 

Swimming Pools, Design, Construction and Operation of. 
Waste Disposal Systems. 
Water Supply and Water Purification Plants. 

ORGANIZED CAMPS. 

(Filed in the office of the Secretary of State July 18, 1957.) 
Section 1. Definitions: 

(a) The term "organized camp" shall mean any established camp for group living, 
whether privately or publicly owned, and intended to accommodate persons or groups of persons 
temporarily engaged in recreational, educational, social and/or church activities or programs 
while away from their place of residence. 

(b) The term "permit" means a written permit issued by the South Carolina State Board 
of Health to operate an organized camp. 

(c) The term "health officer" means the State Health Officer and/or the county or other 
local health officer and/or their duly authorized agents. 

(d) The term "person" means any individual, firm, association, trust, partnership, or 
corporation. 

166 



Ruizes and Re;gui:.ations 

Section 2, Permits: 

No person shall operate or maintain any organized camp within the State of South 
Carolina unless he is the holder of an unrevoked permit from the State Board of Health. 
All organized camps in existence or operating upon the effective date of these regula- 
tions shall, within ninety days thereafter, obtain a permit, and in all other respects 
comply fully with the requirements of these regulations; Provided, that the State Health 
Officer upon adequate showing of necessity made by the person concerned, may, in his 
discretion, extend the time for compliance with any particular section thereof. 

Application for an organized camp permit must be made in writing to the State 
Health Officer, signed by the applicant or his authorized officer or agent, and shall 
contain: (1) the name and address of the applicant; (2) the location and legal description 
of the camp area; (3) a complete plan of the camp area, showing installations as required 
by these regulations including plans of all buildings and water and sewerage facilities 
located or to be constructed within the camp area. No permit shall be issued until con- 
struction of all required facilities is completed. A permit shall be issued by the health 
officer, based on examination and certification by the Sanitary Engineering Division of 
the State Board of Health showing satisfactory compliance with these regulations; Pro- 
vided, that such permit may be suspended temporarily by the health officer for failure 
to maintain compliance with these regulations or may be revoked, after hearing by the 
State Health Officer for continued violation of these regulations. 

Section 3. Location: 

The camp site shall be located away from undesirable conditions, be free of unneces- 
sary hazards, and of such topography that will readily permit rapid and complete drainage 

of storm water. 

Section 4. Water Supply: 

(a) The water supply shall be obtained from sources approved by the State Board 
of Health, and shall be adequate and properly protected. Wells and springs shall be 
developed as described and illustrated in the South Carolina State Board of Health 
Bulletin entitled "Protection of Private Water Supplies." 

(b) Water samples shall be collected and submitted to the State Board of Health 
Laboratory for bacteriological examination at least fifteen days prior to the opening of 
the camp and at least once each month thereafter for the duration of the camping season. 

(c) Where water coolers are used, these shall be of an approved type. Individual 
drinking cups, or approved angle jet drinking fountains shall be provided. 

Section 5. Sewage Disposal: 

All excreta shall be disposed of through a sewage disposal system approved by the 
State Board of Health, or by means of sanitary privies constructed and maintained in 
accordance with the requirements of the State Board of Health. Other non-fecal liquid 
wastes shall be disposed of in a manner approved by the health officer. 

Section 6. Toilet and Bath Facilities: 

Every organized camp shall be provided with adequate and conveniently located 
toilet facilities for both campers and employees. One toilet seat shall be available for 
every ten occupants of the camp. In camps or units of camps occupied solely by males 
and where urinals are used, one toilet or privy seat shall be provided for every fifteen 
occupants. Lavatory facilities shall be provided in proximity to toilets, privies and urinals. 
All plumbing shall conform to state plumbing nractices. All toilet and bath facilities shall 
be kept in a clean condition, in good repair, well lighted and ventilated. 

Separate toilet facilities shall be provided for employees. Adequate and convenient 
handwashing facilities shall also be provided, including warm water, soap and individual 
towels. 

Section 7. Sleeping Quarters: 

(a) All buildings used for sleeping quarters shall be constructed and maintained in 
a safe condition and aflFord adequate protection against unsatisfactory weather conditions. 

(b) All articles of bedding and furniture shall be kept clean and in good repair. 

(c) Beds shall be spaced so as to meet the standards recommended by the American 
Camping Association. 

Section 8. Dining Halls: 

The floors, walls and ceilings shall be maintained in good repair, and shall be kept 
reasonably clean at all times. 

Artificial illumination shall be adequate and shall be evenly distributed. 

Table tops shall be kept clean and free of cracks. Badly chipped, broken or cracked 
dishes and glassware shall not be used. 

When flies are prevalent, all outside openings shall be kept effectively screened. 

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Code 01^ Laws of South Carolina 

Section 9. Kitchens: 

The floors of all kitchens and walls up to splash line shall be of such construction as 
to be easily cleaned and shall be kept clean and in good repair. Adequate lighting and 
ventilation shall be maintained. 

Section 10. Dishwashing and Samti2ing: 

All multi-service eating and drinking utensils shall be thoroughly cleaned and prop- 
erly subjected to one of the approved bactericidal processes after each usage. All multi-use 
utensils used in the preparation of serving of food or drink shall be thoroughly cleaned 
immediately following the day's operation. Proper handling and storage of the above 
utensils is mandatory to minimize chance of contamination. 

Section 11. Storage: 

The floors, walls and ceiling of all storage rooms shall be maintained in good repair 
and be kept clean. 

All food and drink shall be stored, handled and served in accordance with standard 
safety practices. 

All readily perishable food and drink shall be properly refrigerated except when being 
prepared or served. 
Section 12, Swimming Facilities: 

(a) Water for swimming pools, if used, shall be derived from a source approved by 
the State Board of Health. 

(b) Swimming pools, if used, shall conform in design, construction, and operation 
with the rules and regulations of the State Board of Health governing swimming pools, 

(c) Where lakes, ponds, running streams, or other bodies of water are to be used for 
swimming purposes, approval or temporary permission to use such bathing places shall be 
given only after the sanitary quality of the water has been determined by a sanitary survey 
and bacteriological examination. 

(d) Swimming, bathing, or wading shall not be permitted in any stream, pond, or 
lake which received sewage or industrial waste pollution to an extent which would consti- 
tute a health hazard. 

(e) Bathhouses, if used, shall be kept clean and in good repair, and appropriate 
methods shall be used to minimize foot infection. 

Section 13. Safety: 

All natural hazards should be eliminated or reduced to a minimum before the camp 
is occupied. 

The person in charge of the water front shall have a current instructor's certificate 
from the American Red Cross or other organization of equivalent standards. 

Practices and equipment for waterfront and boating should comply with Red Cross 
standards or those of other organizations with equivalent standards. 

Fire arms and archery equipment must be used and stored under qualified supervision. 

Containers for gasoline and explosives must be plainly marked and stored in a locked 
building not occupied by campers or staff, and at a safe distance from program buildings 
and sleeping quarters. An adequate number of fire extinguishers of a type approved by 
the National Board of Fire Underwriters, kept in good working order and in an easily 
accessible location, shall be provided for each camp. 

Section 14, Health: 

(a) Physical examination and medical history by a physician shall be required for all 
staff members and campers within a month before they go to camp. Health certificates 
for all foodhandlers shall be required. 

(b) A registered nurse or physician shall be on the camp staff, or arrangements shall 
be made with a nearby physician to serve the camp if one is not in residence. 

(c) Adequate isolation quarters shall be maintained. 

(d) Transportation shall be available at all times in case of an emergency. 

Section 15. Premises: 

The premises and immediate surroundings of camps shall be kept neat and orderly 
at all times. All garbage, refuse and rubbish shall be handled and disposed of in a manner 
approved by the health officer. 

COMMUNICABLE DISEASES, 

(Filed in the office of the Secretary of State June 26, 1958.) 

A pamphlet. Control of Communicable Diseases in Man, an official report of the 

American Public Health Association, adopted by the Executive Committee of the State 

Board of Health at its regular meeting on May 13, 1958, as provided under Section 7, 

of the said rules and regulations governing Communicable Diseases, is filed in the office 

168 



Rules and RsguIvATions 

of the Secretary of State. Those interested should refer to this copy which supersede* 
rules and regulations governing Communicable Diseases, Volume 7, pages 552-558, of 
the Code of Laws of South Carolina, 1952, filed in the Secretary of State's Office February 
17, 1944. 

(Filed in the office of the Secretary of State June 26, 1958.) 
The following was adopted May 13, 1958 and supersedes rules and regulations govern- 
ing Communicable Diseases, Volume 7, pages 552-558, Code of Laws of South Carolina, 
1952, filed in the Secretary of State's Office February 17, 1944. 

Section 1. Physicians shall report cases of certain diseases (and deaths) from them. 

Every physician in the State of South Carolina shall report in writing or by an ac- 
knowledged telephone communication to the local health authority where such exists or 
where one does not exist, to the state health officer, immediately after his or her first 
professional visit, each patient, he or she shall have found suffering, or suspected to be 
suffering, with any contagious disease. He or she shall report, as required above, every 
death from such contagious or pestibutial disease immediately after it shall have occurred. 
The attending physician is authorized and it is made his duty to place the patient, the 
household and the premises under the restrictions as hereinafter provided, for the 
management and control of said disease, until such time as the control of said disease may 
be assumed by the local or state board of health. 

Section 2. Physicians shall report cases of occupational diseases. 

Each physician having knowledge of any person whom he believes to be suffering 
from any occupational disease shall report the diagnosis of the disease to the state board of 
health. The term occupational disease has reference to one which occurs with definite 
frequency and regularity in occupations where there is a specific exposure as the cause 
which operates to produce effects in the human body recognized clinically by the medical 
profession as pathological changes and effects produced by the specific exposure involved. 
The state board of health is authorized to investigate and to make recommendations for 
the elimination or prevention of occupational disease which shall be reported in accordance 
with the provisions of this section. The state board of health is also authorized to study 
and provide advice in regard to conditions that may be suspected of causing occupational 
diseases, provided information obtained upon investigations made in accordance with the 
provisions of this section shall not be admissible as evidence in any action of law to secure 
compensation for occupational diseases through common law. 

Section 3. Householders, heads of families, etc., shall report contagious diseases. 

Every hotel proprietor, keeper of a boarding house or inn, keeper or manager of 
tourist, trailer or other camp, and householder or head of a family, in a house wherein 
any case of a reportable or contagious disease may occur, shall report the same to the 
local health authority as early as possible after the time of his or her first knowledge or 
suspicion of the nature of the disease, unless a medical physician is already in attendance; 
and in case of quarantinable diseases, until instructions are received from the said local 
health authority, shall not permit any clothing or other articles which may have been 
exposed to infection to be removed from the house, nor shall any occupant of said house 
change his residence elsewhere without the consent of the local health authority. 

Section 4. Nurses and midwives shall report redness or inflammation of eyelids to health 
authorities. 
Whenever any nurse, midwife or other person not a legally qualified practitioner of 
medicine shall notice inflammation of the eyes or redness of the lids in a newborn child 
under his or her care, it shall be the duty of such person to report the same to the local 
health authority, or, in his absence, to any reputable physician, as early as possible after 
the same is first noticed. 

Section 5. The notifiable diseases in South Carolina. 

Amebiasis, anthrax, botulism, brucellosis, chlorea, dengue, diphtheria, encephalitis, 
infectious; glanders, hepatitis, infectious and serum; leprosy, leptospirosis, malaria, 
meningococcal, infections; meningitis, other; plague, poliomyelitis, paralytic, nonparalytic; 
psittacosis, rabies in man, relapsing fever (louse-borne); rheumatic fever, rocky mountain 
spotted fever, salmonellosis, typhoid fever, all other including paratyphoid; shigellosis, 
smallpox, tetanus, trichinosis, tuberculosis, all forms; tularemia, typhus fever, endemic and 
epidemic; venereal diseases and yellow fever. 

Asbestosis, silicatosis, silicosis, cataract (glass workers), compress air illness, dematitis 
due to irritating oil, cutting compounds or lubricants, chemical dusts, paints, plastics, 
liquids, dyes, fumes, gases or vapors; lead poisoning, mercury poisoning, carbon monoxide 
poisoning or oxides of zinc, manganese and other metals; carbon tetrachloride and phos- 

169 



Code op Laws of South Carouna 

gene poisoning, poisoning by carbon disulphide, methanol, or volatile halogenated hydro- 
carbons; poisonings by benzol, or nitro- and amino-derivatives of benzol (dinitrobenzol, 
anilin, and others) ; chlorine poisoning, poisoning by sulphuric, hydrochloric or hydro- 
fluoric acid; poisoning by volatile petroleum products; poisoning by refrigerants, ethyl 
bromide, sulphur dioxide, hydrogen sulfide, nitrous gases, butyl alcohol, explosives, 
esters or aldehydes. 

Section 6. Local health authorities shall keep records of contagious diseases. 

City, tovirn and county health authorities shall keep a careful and accurate record 
of all cases of notifiable diseases reported to them, with the name, date, age, sex, race, 
location, and such other necessary data as may be prescribed from time to time by the 
state board of health. They shall also make a report of all notifiable diseases to the state 
board of health at such time and on such form as may be required. Whenever such 
disease is or is suspected to be smallpox, chlorea, plague, yellow fever, epidemic typhus 
fever, louse-borne relapsing fever, botulism or dengue, they shall report such occurrence or 
suspicion immediately to the state health officer by telephone or telegraph. Such other 
diseases that are unusual in their nature or in occurrence shall be reported to the state 
board of health immediately. 

Section 7. Rules and regulations relating to quarantine, isolation and other control 
measures to be observed by all health authorities. 

The definitions and methods of control of communicable diseases as published in an 
official report of the American Public Health Association, "Control of Communicable 
Diseases in Man", 1955, are adopted and promulgated by the State Board of Health as 
the rules and regulations for the control of communicable disease in South Carolina, 
except as otherwise provided. The term "contagious disease" in these Rules and Regula- 
tions refers to any communicable disease that is easily transmitted by direct contact or 
by droplet infection from person to person or from animal to person. 

Section 8. Smallpox Vaccination. 

All persons within the State of South Carolina, who do not reside within the limits 
or jurisdiction of an incorporated city or town, or who reside within the limits or juris- 
diction of an incorporated city or town which has not complied with the requirements of 
Section 32-571 of the Code of Laws of South Carolina, 1952, except persons who obtain a 
certificate from a reputable medical physician stating that vaccination against smallpox 
would be dangerous to their health, shall be vaccinated or revaccinated during their first, 
sixth, and fifteenth years of age. All persons who have never been vaccinated, or shall be 
exposed, or are likely to become exposed to smallpox, shall be vaccinated forthwith. 

Section 9. Placards shall not be destroyed or removed. 

No person or persons shall alter, deface, remove, destroy or tear down any card 
posted by any health authority. The occupant or person having possession or control of 
buildings or premises upon which a quarantine or other health notice has been placed 
shall, within twenty-four hours after destruction or removal of such by other than the 
proper authorities, notify the local health authority of such destruction or removal. 

Section 10. Health authorities are to assume control of quarantine, isolation and other 
control measures. 
In all cities, towns and counties the local health authorities shall assume control and 
management of communicable diseases and exposures and shall see that isolation and 
control measures as herein provided are carried out in their respective jurisdictions. It 
shall be the duty of the proper health authority to institute proper methods and control 
and to so placard or otherwise guard the premises in a manner which in his own opinion is 
necessary to protect the public health. 

Section 11. Health authorities may pass through quarantine lines. 

All health authorities shall have the privilege and shall be allowed to pass through all 
quarantine lines, whether instituted at the instance of the State or local auhorities, they 
first acquainting the officers or guards with the fact of their being properly authorized 
health officers. 

Section 12. Persons forbidden going to or leaving contagious disease premises. 

After the house or premises containing a communicable disease is flagged or pla- 
carded, all persons except the attending physician, the authorized health officer and such 
other persons approved by the authorized health officer are forbidden coming in or 
leaving the premises except as hereinafter provided for; and the carrying ofif or causing 
to be carried off of any object or material whereby such disease may be conveyed, is 
prohibited. 

170 



RuivES AND Regulations . 

Section 13. Persons affected with or exposed to contagious diseases shall obey health 
authorities. 
It shall be the duty of all persons afTected with any contagious or infectious disease 
or who from exposure to contagion from such disease, may be liable to endanger others 
who may come in contact with them, to strictly observe such instructions as are given 
them by any health authority of the State in order to prevent the spread of such disease 
and it shall be lawful for such authorities to command any persons thus affected or 
exposed to infection to remain within designated premises for such length of time as 
herein provided for the several contagious and infectious diseases. 

Section 14. Travel of persons with contagious diseases. 

All persons having any communicable disease in a contagious stage are prohibited 
from riding upon any public vehicle or conveyance except upon written approval of the 
State Health Officer or his authorized agent. They are also prohibited from being upon 
public thoroughfares of the State except in private conveyance, which shall make no 
unnecessary stops between the point of departure and destination of the patient. They are 
prohibited from attending any public assemblages or public places. 

Section 15. Children with contagious diseases shall not attend school. 

No superintendent, principal, or teacher of any school; and no parent, master or 
guardian of any child or minor shall permit any such child or minor having any contagious 
or infectious disease requiring isolation or any other disease in a communicable stage 
but not requiring isolation to attend any private, parochial, church or Sunday school until 
the requirements of these rules and regulations as to the disease or diseases in question 
have been complied with after recovery of such child or minor. They shall not be per- 
mitted to enter school except upon the written certificate or acknowledged telephone call 
of the attending physician or of the local health officer stating that the child has recovered 
and is non-infectious. 

Section 16. Superintendents of schools to be notified of contagious disease. 

The local health authority shall notify the superintendent or principal of any school 
of the locations of quarantinable diseases, and if the superintendent or principal finds any 
attendance in school from such places except as strictly provided for herein, he shall 
deny them admission to the said school, and admit them only upon the written certificate 
or acknowledged telephone call of the attending physician or local health authority that 
there is no danger or infection from them. 

Section 17. Household contacts of contagious disease in relation to school attendance. 

Children coming from a house in which contagious disease exists, but not suffering 
from said contagious disease, may attend school upon the written certificate of the at- 
tending physician, or local health authority, stating that the child has not been exposed 
to the disease for maximum incubation of the disease, and that the patient is in isolation; 
or that they are immune to the disease and are not carriers of said disease. 

Section 18. Persons with trachoma or acute infectious conjunctivitis excluded from 
school. 
Persons afflicted with trachoma, granulated lids or acute infectious conjunctivitis 
shall be excluded from schools, public assemblages and from close association with other 
individuals, unless they are under the constant care and strict supervision of a competent 
medical physician, and hold a certificate from said physician stating that active inflamma- 
tion has subsided and that danger of infection no longer exists. 

Section 19. Minor diseases to be excluded from school. 

Those actually suffering from acute tonsilitis, scabies, lice, ringworm and impetigo 
contagiosa shall be excluded from school during such illness and be readmitted only on 
the certificate or acknowledged telephone call of the attending physician or local health 
authority, attesting to their recovery and non-infectiousness. 

Section 20. Health authorities to investigate reported cases. 

Whenever the local health authority is informed or has reason to suspect that there 
is a case of contagious communicable disease within his territory, he shall immediately 
examine into the facts of the case and shall perform or require such examinations and 
tests as may be necessary to determine the contagiousness of the disease and shall adopt 
the methods of control applicable to such disease and necessary for the prevention of 
spread of the disease. 

171 



Code op Laws ot South Carolina 

Section 21. Premimns occupied by persons with contagious diseases to be rendered non- 
infectious. 
No person shall offer for hire or cause or permit anyone to occupy premises, houses 
or apartments previously occupied by a person ill with any contagious or infectious com- 
municable disease, or any other disease of communicable nature until such premises, houses 
or apartments shall have been rendered non-infectious according to the rules herein 
provided under the supervision of the local health authority. 

Section 22. Premises not rendered non-infectious shall be placarded. 

Whenever these rules and regulations, or whenever the order of the local health 
authority requiring the disinfection or fumigation of apartments, premises, or articles 
shall not be complied with, or in case of delay, the local health authority shall forthwith 
cause to be placed upon the outside entrance or entrances a placard as follows: 

"These apartments have been occupied by a patient or patients suffering with a con- 
tagious disease and they may have become infected. They must not be again occupied 
until my orders directing the renovation and disinfection of the same have been complied 
with. This notice must not be removed under penalty of law, except by an authorized 
official." 

Section 23. Persons suffering from reportable diseases shall not work where food 
products are produced. 

No person suffering with any reportable disease or who resides in a house in which 
there exists a case of smallpox, scarlet fever, dysentery, or typhoid fever shall work, or be 
permitted in or about any dairy or any establishment for the manufacture of food 
products until the local health authority has given such a person a written certificate to 
the effect that no danger to the public will result from his or her employ or presence in 
such establishment. 
Section 24. These rules and regulations not to prevent local laws. 

Nothing contained in these rules and regulations shall be construed to prevent any 
city, town or county from making such health laws as they may think necessary for the 
preservation of public health; provided that the said laws be not inconsistent with the 
laws as herein laid down by the state board of health. And it shall be the duty of the 
local health authority to at once furnish the state board of health with a copy of the 
proposed law or laws for the approval of the executive committee of the state board of 
health before they shall become law. 

EATING AND DRINKING ESTABLISHMENTS AND OTHER RETAIL FOOD 

ESTABLISHMENTS. 
(Filed Secretary of State's office May 15, 1953.) 
Section 1. Definitions: 

The following definitions shall apply in the interpretation and enforcement of these regu- 
lations. 

a. Eating and Drinking Establishments: The term "Eating and Drinking Establishments" 
shall mean restaurants, school lunch units, soda fountains, industrial feeding establishments, 
hospital feeding establishments, boarding houses, institutional feeding establishments, and all 
other eating and drinking establishments as well as kitchens or other places in which food or 
drink is prepared for sale elsewhere. 

(1) Restaurant: The term "Restaurant" shall mean restaurant, coffee shop, cafeteria, short 
order cafe, luncheonette, tavern, sandwich stand, hotel dining facilities, and all other public eat- 
ing and drinking establishments, as well as kitchens in which food and drink are prepared for 
sale elsewhere to the public. 

(2) School Lunch Unit: The term "School Lunch Unit" shall mean all rooms in which 
food for students is prepared, stored, or served. 

(3) Soda Fountain: The term "Soda Fountain" shall mean soda fountain, soda shop, drug 
store, or similar establishment where food or drink for sale to the public is prepared, stored or 
«erved. 

(4) Industrial Feeding Establishment: The term "Industrial Feeding Establishment" shall 
mean all rooms in which food or drink for employees, guests or the general public, is prepared, 
stored, or served. 

(5) Hospital Feeding Establishment: The term "Hospital Feeding Establishment" shall 
mean all rooms in which food or drink for patients, inmates, employees, guests or the general 
public, is prepared, stored, or served. 

(6) Boarding House: The term "Boarding House" shall mean all boarding houses or 
transient guest homes which serve food or drink to transient guests or to the general public 

172 



RuLi;S AND Rbgui,ations 

(7) Institutional Feeding Establishment: The term "Institutional Feeding Establishment" 
shall mean all rooms in which food or drink for students, patients, inmates, employees, guests, or 
the general public, is prepared, stored, or served. 

b. Other Retail Food Establishments : The term "Other Retail Food Establishments" shall 
mean markets, locker plants, confection candy kitchens, delicatessens, retail bakeries, church 
feeding facilities, private or semi-private club feeding facilities, grocery stores, fruit and vege- 
table shops, and all other retail food handling establishments. 

(1) Market: The term "Market" shall mean any place where meats, fish, shellfish, or poul- 
try, whether raw, processed or prepared, are offered for sale or free distribution to the public. 

(2) Locker Plant: The term "Locker Plant" shall mean any place equipped with refriger- 
ation facilities and storage lockers where meats, poultry, fruits or vegetables are handled, proc- 
essed, frozen, or stored. 

(3) Confection Candy Kitchen: The term "Confection Candy Kitchen" shall mean all 
rooms in which confections or candies are prepared, stored, or served. 

(4) Delicatessen: The term "Delicatessen" shall mean all places where prepared foods, 
cooked or prepared meats, preserves, relishes, and similar foods are prepared, stored, or served. 

(5) Retail Bakery: The term "Retail Bakery" shall mean all places where breads, cakea, 
cookies, do-nuts, and similar foods are prepared, stored, or served for retail distribution to the 
public. 

(6) Church Feeding Facilities : The term "Church Feeding Facilities" shall mean all 
rooms in which food or drink for members, guests, or the general public is prepared, stored, 
or served. 

(7) Private or Semi-Private Club Feeding Facilities: The term "Private or Semi-Private 
Club Feeding Facilities" shall mean all rooms in which food or drink for members, guests, em- 
ployees, or the general public is prepared, stored, or served. 

(8) Grocery Store: The term "Grocery Store" shall mean any place where groceries, in- 
cluding food stuffs, vegetables, candies, pastries, canned or wrapped foods, and all other food for 
human consumption are processed or prepared, and are offered for sale or free distribution to 
the public. 

(9) Fruit and Vegetable Shop: The term "Fruit and Vegetable Shop" shall mean any 
place where fresh vegetables and/or fruits are offered for sale or free distribution to the public. 

c. Itinerant Eating and Drinking, or Other Retail Food Establishment: The term "Itinerant 
Eating and Drinking, or Other Retail Food Establishment" shall mean one operating for a tem- 
porary period in connection with a fair, carnival, circus, public exhibition, or other similar 
gathering. 

d. Employee: The term "Employee" shall mean any person who handles food, meat, con- 
fection or drink during preparation or serving, or who comes in contact with any eating or cook 
ing utensils, or who is employed at any time in a room in which food, meat, confection or drink 
is prepared, offered for sale, served, prepared for sale elsewhere, or stored. 

e. Utensils : "Utensils" shall include any kitchenware, tableware, glassware, cutlery, utensils, 
containers, or other equipment with which food or drink comes in contact during storage, prep- 
aration, or serving. 

1 Health Officer : The term "Health Officer" within the meaning of these regulations shall 
ntean the health authority of the cities, and/or counties, and/or the state, or his authorized 
representative. 

g. Person: The word "Person" shall mean person, firm, corporation, or association. 

Section 2. Permits: 

It shall be unlawful for any person to operate an eating and drinking establishment or other 
retail food handling establishment in the state who does not possess an unrevoked permit from 
the health officer. Such permit shall be posted in a conspicuous place designated by the health 
officer. Only persons who comply with the requirements of these regulations shall be entitled to 
receive and retain such a permit. A person conducting an itinerant eating and drinking or other 
itinerant retail food establishment may, in the discretion of the health officer, be exempted from 
the requirement of securing a permit. 

Such a permit may be temporarily suspended by the health officer upon the violation of the 
holder of any of the terms of these regulations, or revoked after opportunity for hearing by 
the health officer upon serious or repeated violation. 

Section 3. Placarding or Public Display of Grade Notice: 

Every eating and drinking establishment shall display at all times, in a place designated 
by the health officer, a notice approved by the health officer, stating the grade of the establish- 
ment. Such grade notice may, at the discretion of the health officer, be required for other retail 
food establishments as defined in section 1-b. 

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Code oif Laws o^ South Carolina 

"Section 4. Examination and Condemnation of Unwholesome or Adulterated Food or 
Drink: 

Samples of tudd, drink and other substances, may be taken and examined by the health 
officer as often as may bo necessary for the detection of unwholesomeness or adulteration. The 
health officer may condemn and forbid the sale of, or cause to be removed or destroyed, any food 
or drink which is unwholesome or adulterated. 

Section 5. Inspection of Eating and Drinking Establishments and Other Retail Food 
Establishments : 

At least once in every six months the health officer shall inspect every eating and drinking 
establishment and other retail food establishment within the State. In case the health ofhcer dis- 
covers the violation of any item of sanitation required for the grade then held, he shall make 
a second inspection after the lapse of such time as he deems necessary for the defect to be 
remedied, and the second inspection shall be used in determining compliance with the require- 
ments of these rules and regulations. Any violation of the same requirement of these rules and 
regulations on two consecutive inspections shall call for immediate degrading or suspension of 
permit 

One copy of the inspection report shall be posted by the health oflRcer upon an inside wall 
of the eating and drinking establishment or other retail food establishment : and said inspection 
report shall not be defaced or removed by any person except the health officer. Another copy 
of the inspection report shall be filed with the records of the health department. 

The person operating the eating and drinking establishment or other retail food establish- 
ment shall upon request of the health officer permit access to all parts of the establishment and 
shall permit copying any or all records of food purchased. 

Section 6. The Grading of Eating and Drinking Establishments and Other Retail Food 
Establishments: 

The grading of all eating and drinking establishments and other retail food establishmcnti 
shall be based upon the following standards : 

Sanitation Requirements for Grade "A" eating and drinking establishments and other 
retail fond establishments. 

All Grade "A" eating and drinking establishments and other retail food establishments shall 
comply with all of the following items of sanitation : 

Item 1 . Floors : The floors of all rooms in which food, meat, confection or drink is pre- 
pared, offered for sale, served, prepared for sale elsewhere, or stored, or in which utensils are 
washed, shall be of such construction as to be easily cleaned, shall be smooth and shall be kept 
dean and in good repair. 

Public Health Reason: 

Properly constructed floors which are in good repair can be more easily kept clean than 
improperly constructed floors. Floors having an impervious surface can be kept clean more 
easily than those constructed of pervious or easily disintegrated material, will not absorb organic 
matter, and are. therefore, more likely to be kept clean and free of odors. Clean floors are con- 
duciv to clean food handling methods. 

Satisfactory Compliance: This item shall be deemed to have been satisfied if: 

(1) The floors of all rooms in which food, meat, confection or drink is prepared, oflFered 
for sale, prepared for sale elsewhere, served, or stored, are of such construction as to be easily 
cleaned, are smooth, and are in good repair. Floors may be of concrete, terrazzo. tile, wood cov- 
ered with linoleum or tight wood. Wooden floors containing cracks, holes, broken boards or 
poorly fitting joints, or which otherwise fail to be tight, do not comply with this item. When 
floor drains are used they are provided with proper traps and so constructed as to minimize 
clogging, and the floors are graded to drain. 

(2) All floors are kept clean and free from litter during the hours of preparing, cooking, 
oflFering for sale, or serving of food. Dustless methods of floor cleaning or dust-arresting sweep- 
ing compounds are used and all except emergency floor cleaning is done during those periods 
when the least amount of food, meat, confection, or drink is exposed, such as — ^after closing or 
between meals. 

(3) Floors of locker plants are constructed of concrete or other equally impervious material 

(4) The floors of fruit and vegetable shops are approved by the health officer. 

Item 2. Walls and Ceilings : The walls and ceilings of all rooms in which food, meat, con- 
fection or drink is prepared, oflFered for sale, served, prepared for sale elsewhere, or stored, 
shall be constructed of sound material with easily cleanable surfaces, and shall be maintained 
clean and in good repair. The kitchen and work rooms shall be finished in a light color. The 
walls of all rooms in which food, meat, confection or drink is prepared or utensils are washed, 
shall have a smooth, washable surface up to the level reached by splash or spray. 

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RuivEls AND Regulations 

Public Health Reason : 

Walls and ceilings constructed of sound material with a smooth, properly finished surface 
are more easily kept clean. A light colored paint or finish aids in the even distribution of light 
and the detection of unclean conditions. Clean walls and ceilings are conducive to better sanitary 
conditions. 

Satisfactory Compliance : This item shall be deemed to have been satisfied if : 

(1) The walls and ceilings of all rooms in which food, meat, confection, or drink is pre- 
pared, offered for sale, served, prepared for sale elsewhere, or stored, are clean, free of cobwebs, 
dust, dirt, grease, and all filth and are maintained in good repair. 

(2) The walls and ceilings of all rooms are painted or finished in a light color and are 
refinished as often as is necessary in a manner approved by the health officer, which will permit 
easy cleaning and aid in the even distribution of hght. 

(3) The walls of all kitchens or rooms in which food, meat, confection or drink is pre- 
pared have a smooth, washable surface up to the level reached by splash or spray resulting from 
the cleaning, washing or preparing of food, meat, confection, drink or utensils. 

(4) The walls and ceilings of all rooms in which food, meat, confection or drink is pre- 
pared, ofi^ered for sale, served or stored, are constructed of wood, tile, smooth surface concrete, 
cement plaster, brick or other suitable material, all with easily cleanable surfaces. Walls or ceil- 
ings containing cracks, holes, broken boards, or poorly fitting joints or which otherwise fail to 
be tight and smooth do not comply with this item. 

(5) Walls of locker plants are constructed of concrete or other equally impervious material, 
are smooth and kept clean. 

(6) The walls and ceilings of fruit and vegetable shops are approved by the health officer. 
Item 3. Doors and Windows : All openings to the outer air in rooms in which food, meat, 

confection or drink is prepared, offered for sale, served, prepared for sale elsewhere, stored, or 
in which utensils are washed or stored shall be eflfectively screened, unless other effective 
means are provided to prevent the entrance of flies or other insects. Screen doors, if used, 
shall open outward and be self-closing, unless otherwise specified by law. 

Public Health Reason: 

Flies and other insects may serve as vehicles which may contaminate the food, meat, con- 
fection or drink with disease organisms, thus nullifying the effectiveness of other public health 
safeguards used in a clean, sanitary establishment. 

Satisfactory Compliance: This item shall be deemed to have been satisfied if: 

(1) All openings to the outer air of rooms in which food, meat, confection, or drink Is 
prepared, offered for sale, prepared for sale elsewhere, served or stored are effectively 
screened with not less than 16 mesh wire or plastic cloth; and all doors are self-closing and 
screen doors to the outer air open outward unless otherwise specified by law; OR 

(2) Fans of sufficient power to prevent the entrance of flies or other insects are in use at 
otherwise ineffectively protected entrances; OR 

(3) Flies or other insects are absent. 

Window and door screens must be tight-fitting and free of holes as must the screens lot 
skylights and transoms. 

Item 4. Lighting: All rooms in which food, meat, confection, or drink is prepared, offered 
for sale, prepared for sale elsewhere, served, or stored, shall be well lighted. 

Public Health Reason: 

Ample light promotes cleanliness. 

Satisfactory Compliance: This item shall be deemed to have been satisfied if: 

(1) In rooms in which food, meat, confection, or drink is prepared, or prepared for sale 
elsewhere, or in which utensils are washed, artificial light sources are provided and properly 
used, which furnish 15-foot candles on all working surfaces, as measured by a suitable light 
meter, except when adequate equivalent natural light is present. Artificial light sources are 
installed to provide even distribution of light and prevent glare. This intensity of lighting does 
not apply to the dining room. In rooms used for storage, artificial light sources are provided 
which furnish approximately 5-foot candles at a distance of 30 inches from the floor. 

(2) All skylights and natural light openings are clean and in good repair. 

Item 5. Ventilation : All rooms in which food, meat, confection, or drink is prepared, or 
stored or in which utensils are washed or stored shall be effectively ventilated. 

Public Health Reason: 

Proper ventilation reduces bacterial concentration in the air, helps to reduce odors, con- 
densation upon walls, fixtures and ceilings which may drop into the food. meat, confection or 
annk or into utensils, aids in eliminating excessive heat and the concentration of toxic gases 
produced as a by-product of combustion or otherwise. Moisture promotes mold development. 

175 



CoDi: OP Laws op South Carolina 

Satisfactory Compliance : This item shall be deemed to have been satisfied if : 

(1) All rooms are adequately ventilated so as to be reasonably free of disagreeable odors 
and condensation. Ventilation equipment supplementary to doors and windows, such as adequate 
exhaust fans or stove-hoods is provided if necessary. (This requirement does not apply to cold 
storage rooms.) 

(2) All ventilation equipment is maintained clean and in good repair. 

Item 6. Toilet Facilities : Adequate and conveniently located toilet facilities, conforming to 
the rules and regulations of the State Board of Health, shall be provided for employees. The 
doors of all toilet rooms shall be self-closing. Coin-operated devices shall not be installed on 
outside doors to toilet rooms. Toilet rooms shall be kept clean, in good repair, well lighted and 
ventilated, and all openings to the outer air effectively screened. All establishments covered 
by these regulations which are constructed or remodeled, or establishment for which operating 
permits are issued under new management after the promulgation of these regulations, shall be 
provided with flush-type toilet facilities connecting to a public sewage disposal system or to a 
septic tank disposal system approved by the State Board of Health. If privies are permitted and 
used, they shall be separated from the establishment and shall be constructed and maintained in 
conformity with the rules and regulations of the State Board of Health. Toilet tissue shall be 
provided in each toilet room. 

Public Health Reason : 

Human excreta is potentially dangerous and must be properly disposed of. The organisms 
causing typhoid fever, paratyphoid fever, dysentery, or other intestinal diseases may be present 
in the body discharges of cases or carriers. Sanitary toilet facilities are necessary to protect 
the food, meat, confection, drink and utensils from fecal contamination carried by flies, other 
insects and rodents. Employees help to prevent such contamination of food and utensils by wash- 
ing their hands after using the toilet. 

Flush-type toilets connecting to a public sewage disposal system or to an approved septic 
tank disposal system afford better protection from such possible contamination than is offered 
by the pit privy. When pit privies are used, it is essential that they be of a sanitary type ia 
which the excreta is protected from flies and other agents of transmission and that they not be 
rendered ineffective by improper operation. 

Satisfactory Compliance: This item shall be deemed to have been satisfied if: 

(1) An adequate number, as specified in the Industrial Plant Regulations, of conveniently 
located toilet facilities are provided for the employees of each sex and the toilet facilities comply 
with the standard plumbing practices of the State. 

(2) Conveniently located means located in the same building housing the establishment, 

(3) The toilet rooms and fixtures are kept clean, sanitary, and in good repair and free 
from flies or other insects. 

(4) The toilet room doors are provided with springs or checks to make them self-closing, 
and outside doors are not equipped with coin-operated devices. 

(5) The toilet rooms are well lighted and ventilated to the outside air. 

(6) Any establishment covered by these regulations which, at the time that these regula- 
tions are promulgated, provides sanitary pit privies for the use of employees is not required to 
install flush-type toilets and approved sewage disposal system UNLESS : the building is re- 
modeled OR extensively repaired. If, however, an establishment covered by these regulations 
closes, moves, or goes out of business then before any establishment covered by these regula- 
tions can receive an operating permit in the same building the establishment seeking the operat- 
ing permit must provide flush-type toilets and approved sewage disposal system. 

(7) The privies are constructed and operated in accordance with the regulations and stand- 
ards of the State Board of Health. 

(8) A booth open at the top or bottom does not qualify as a toilet room. 

(9) Toilet tissue is provided in each toilet room. 

Item 7. Water Supply : Hot and cold water, under pressure, shall be easily accessible to all 
rooms in which food, meat, confection or drink is prepared or in which utensils are washed. 
The water supply shall be adequate, of a safe, sanitary quality and shall meet all requirements 
of the State Board of Health as to drinking water. 

The use of the common drinking cup is prohibited. 

Public Health Reason : 

Water under pressure should be easily accessible so as to encourage its use in cleaning 
operations ; it should be adequate so that cleaning and rinsing will be thorough ; hot and cold 
water aid in proper cleaning and it should be of a safe, sanitary quality in order to be suitable 
for drinking and to avoid contamination of food, meat, confection, drink and utensils. 

The common drinking cup serves as a means of transmitting many diseases. 

Satisfactory Compliance: This item shall be deemed to have been satisfied if: 

(1) Hot and cold water outlets under pressure are easily accessible to all rooms in which 
food, meat, confection or drink is prepared and to all rooms in which utensils are washed. 

176 



RUI^DS AND REGUI.ATIONS 

(2) The water supply is ample in quantity to insure proper, necessary cleaning of floors, 
walls, utensils, and equipment. 

(3) The water supply is approved by the State Board of Health. 

(4) There are no cross-connections or back-siphonages. 

(5) Water storage tanks, if used, are of corrosion-resistant material, properly covered, 
clean, and the inlet and outlet openings so arranged as to prevent contamination during filling 
and emptying. 

(6) No common drinking cups are in use. 

Item 8. Lavatory Facilities : Adequate and convenient hand washing facilities shall be pro- 
vided for employees including hot and cold water under pressure, soap and approved sanitary 
towels. Hand washing facilities shall be maintained clean and in good repair. The use of the 
common towel is prohibited. All employees shall wash their hands after using the toilet room 
and before handling any food, meat, confection, drink, equipment or utensils. 

Public Health Reason : 

The use of hand washing facilities and sanitary towels is essential to the cleanliness of em- 
ployees who handle any food, meat, confection or drink. 

Satisfactory Compliance: This item shall be deemed to have been satisfied if: 

(1) Hand washing facilities, including hot and cold water under pressure, soap, and indi- 
vidual paper or cloth towels are provided for employees in adequate amounts ; the hand wash- 
ing facilities are so located as to be convenient to the toilet rooms and/or kitchens or rooms 
in which food, meat, confection or drink is prepared, served or stored; and the hand washing 
facilities are maintained clean and in good repair. 

(2) Sinks or washing vats in which utensils, food or equipment are washed are not used 
for hand washing, bathing or the washing of clothes. 

(3) Adequate hot water is available at all times or within a reasonable time after opening 
the faucets. 

(4) All employees wash their hands after using the toilet room and before handling any 
food, meat, confection, drink, utensils or equipment. 

(5) Mop sinks may be used for hand washing in school lunch units provided a proper 
mixing faucet is installed. 

Item 9. Construction of Equipment and Utensils : All utensils (excluding single service 
utensils), show cases, display cases, windows, counters, shelves, tables, sinks, refrigeration equip- 
ment, knives, saws, grinders, slicers, meat blocks, lockers and all other equipment used in pre- 
paring, serving or storing of food, meat, confection or drink shall be of a sanitary construction, 
shall be resistant to the corrosive action of foods, meats, confection, or drinks, shall be in good 
repair and shall be easily accessible for cleaning. 

Utensils or equipment containing or plated with cadmium or lead are prohibited ; provided 
that solder containing lead may be used for joining. 

The use of any utensil or equipment which is chipped, badly worn, rusted, corroded or in 
such condition that it cannot be easily cleaned is prohibited. 

Public Health Reason : 

If the utensils and equipment used in preparing, serving, or storing of foods, meat, confec- 
tion or drinks are not so constructed as to be easily cleaned, resistant to corrosion, and are 
not kept in good repair it is unlikely that they will be properly cleaned. Cadmium and lead 
poisoning outbreaks have been reported from the ingestion of acid food or drink which had 
been in contact with containers containing or plated with cadmium and lead. 

Satisfactory Compliance: This item shall be deemed to have been satisfied if: 

(1) All surfaces of utensils and/or equipment with which food, meat, confection or drink 
come in contact are constructed of smooth, not readily corrodible material, are in good repair, 
free of breaks, corrosion, open seams, cracks and chipped places, are easily accessible for clean- 
ing and are self-draining. This requirement precludes the use of any type of equipment so 
designed as to permit food or drink routinely to come in contact with V-type threaded surfaces. 
In all cases where a rotating shaft is inserted through a surface with which food or drink 
comes in contact, the joint between the moving and stationary surfaces is close fitting. 

(2) All display cases, windows, counters, shelves, tables, refrigeration equipment, stoves, 
hoods, knives, saws, grinders, slicers, meat blocks or other equipment are so constructed as to be 
easily cleaned and are in good repair. 

(3) No utensils containing or plated with cadmium or lead are used; provided that solder 
containing lead may be used for jointing. 

Item 10. Cleaning and Bactericidal Treatment of Utensils and Equipment: All utensils 
(excluding single service utensils) used for eating or drinking shall be thoroughly cleaned and 
effectively subjected to an approved bactericidal process after each usage. All utensils (exclud- 
ing single service utensils) used in the preparation, serving, or storage of food, meat, confection 
or drink shall be thoroughly cleaned and subjected to an approved bactericidal treatment after 

177 



Code of Laws of South Carolina 

each usage; except in the case of utensils used in markets and locker plants which shall be 
thoroughly cleaned and effectively subjected to an approved bactericidal treatment immediately 
following the day's operations, or oftener if necessary. 

All equipment, including display cases or windows, counters, shelves, tables, meat blocks, 
stoves, hoods, sinks, grinders, slicers, knives, saws, lockers and all other equipment used in 
preparing, serving or storing of food, meat, confection or drink shall be kept clean and free from 
dust, dirt, grease, insects and other contaminating material. 

All cloths used by any employee shall be clean. Drying cloths, if used, shall be clean and 
shall be used for no other purpose. 

Single service containers, straws and eating utensils shall be used only once. 

All equipment and utensils shall be maintained at all times in a clean, sanitary condition. 

Facilities, material and equipment for proper cleaning and bactericidal treatment shall be 
provided. 

No article, polish, or other substances containing any cyanide preparation or other poisonous 
material shall be used for the cleaning or polishing of utensils or equipment. 

Public Health Reason: 

Food, meat, confection or drink cannot be kept clean and safe if permitted to come in 
contact with containers, utensils or equipment which have not been properly cleaned and given 
an effective bactericidal treatment. No cleaning or polishing compound or preparation which is 
harmful to humans should be used in any of the establishments covered by these regulations. 

Satisfactory Compliance : This item shall be deemed to have been satisfied if : 

(1) All utensils (excluding single service utensils) used for eating and drinking and all 
utensils used in the preparation, serving, or storing of food, meat, confection or drink are 
thoroughly cleaned after each usage. Utensils used in markets or locker plants are thoroughly 
cleaned and disinfected immediately following the day's operations or oftener if necessary t< 
prevent insanitary conditions. 

(2) All equipment, including display cases or windows, counters, shelves, tables, meat 
blocks, stoves, hoods, sinks, grinders, slicers, knives, saws, lockers and all other equipment 
used in preparing, serving or storing of food, meat, confection or drink are kept clean and free 
from dust, dirt, insects, rodents and other contaminating material. 

(3) All cloths used for any purpose by any employee are clean. 

(4) All single service articles, such as containers, straws, eating utensils and milk bottle 
caps are used only once. 

(5) After cleaning, all utensils which are used in preparing, serving or storing of food, 
meat, confection or drink, as well as all equipment which comes in contact with food, meat, 
confection or drink either in preparation, serving or storing is effectively subjected to one or 
more of the following or other equivalent approved bactericidal processes : 

(a) If steam is employed, the cleaned surfaces to be disinfected shall be in contact with 
clean, live steam for a period of not less than three minutes. 

(b) If hot water is used, the cleaned surfaces to be disinfected shall be immersed in clean, 
hot water at a temperature of not less than 170 degrees F. for a period of not less 
than two minutes, or for 30 seconds in boiling water. Care must be taken to prevent 
trapping of air in containers which are immersed. Unless actually boiling water is 
used, an approved thermometer shall be available, convenient to the vat. The pouring 
of scalding water over the washed utensils shall not be accepted as satisfactory com- 
pliance. 

(c) Immersion for at least two minutes in a lukewarm chlorine bath containing at least 
50 ppm of available chlorine if hypochlorites are used, or a concentration of equal bac- 
tericidal strength if chloramines are used. The bath should be made up at a strength 
of 100 ppm or more of hypochlorites and shall not be used after its strength has been 
reduced to 50 ppm. For the chlorine treatment to be effective, all surfaces being treated 
must be thoroughly cleaned. Chlorine solutions once used shall not be re-used for bac- 
tericidal treatment on any succeeding day. 

(d) If other bactericides or bactericidal methods are used, the recommendations of the 
health officer shall be followed. 

(e) The specifications and operating procedures pertaining to wash vats, heating facilities, 
thermometers, steam or hot air cabinets, and washing machines are approved by the 
health officer. 

(6) No article, polish, or other substance containing any cyanide preparation or any other 
poisonous material is used for the cleaning or polishing of utensils or equipment. 

(7) All containers for food, meat, confection or drink are carefully inspected before being 
used and, if necessary, recleaned before using. 

Item 11. Storage and Handling of Utensils: After bactericidal treatment all utensils shall 
be stored in a clean, dry place; protected from flies and other insects, dust, rodents, and other 

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Rules and Regulations 

contamination as far as practicable. Single service utensils shall be purchased only in sanitary 
containers, shall be stored therein in a clean, dry place until used, and shall be handled in a 
sanitary manner. Ice cream dippers, dispensing spoons and similar utensils shall be stored in an 
approved manner. Detergents, insecticides, and other similar products shall be so stored as to 
prevent contamination of food, meat, confection, drink or any utensils or equipment. 

Public Health Reason : 

If utensils and equipment which comes in contact with food, meat, confection or drink are 
not stored and handled, after cleaning, in such a manner as to prevent contamination, the value 
of the cleaning and bactericidal treatment may be nullified. 

Detergents, insecticides, or similar materials may create a serious public health hazard if 
improperly stored or handled. 

Satisfactory Compliance: This item shall be deemed to have been satisfied if: 

(1) All utensils, or equipment, used in preparing, serving, or storing food, meat, confection 
or drink are stored at a sufficient height above the floor in a clean, dry place, protected from 
insects, overhead leakage, condensation, splash, dust, vermin, rodents and other contamination, 
and the utensils and containers inverted when practical. 

(2) Drain racks, trays and shelves are made of not readily corrodable material and are 
kept clean. 

(3) Containers and utensils are not handled by the surfaces which come in contact with 
the food, meat, confection, or drink. 

(4) Paper cups, plates, straws, spoons, forks, and other single service containers and uten- 
sils are purchased in sanitary cartons and stored therein in a clean, dry place until used, and 
after removal from the carton the container and other single service utensils are handled in a 
sanitary manner. 

(5) Laundered cloths and napkins are stored in a clean, dry place until used. 

(6) Spoons, spatulas, dippers or scoops used for dispensing of I'rozen desserts or food are, 
when not in use, kept in running water or water maintained at 170 degrees F. or in a manner 
approved by the health officer. 

(7) Detergents, insecticides, and other similar products are stored in a room or cabinet 
separated from utensils, equipment, food, meat, confection, or drink. 

Item 12. Disposal of Wastes : All liquid wastes shall be disposed of through a public sewer 
or a disposal system approved by the State Board of Health. All non-liquid waste, garbage, 
refuse, ofTal and decaying vegetables and trash shall be kept in adequate, suitable, water-tight 
receptacles with a tight-fitting lid. These containers to be emptied daily, or as often as neces- 
sary, and the contents disposed of in a manner approved by the health officer. Containers art 
to be washed and treated to prevent nuisance. No container used for garbage or refuse shall 
be used for any other purpose. 

Public Health Reason : 

All garbage, refuse, and liquid wastes resulting from the operation of any of these establish- 
ments constitute a sanitary hazard and should be properly disposed of so as not to become a 
nuisance or a public health menace. 

Satisfactory Compliance : This item shall be deemed to have been satisfied if : 

(1) All liquid wastes such as result from any cleaning and rinsing operations, from flush 
toilets, from lavatories, from dishwashing machines or from refrigeration equipment or any 
other liquid wastes are disposed of in a public sewer or, in the absence of a public sewer, by a 
method approved by the State Board of Health. Grease traps, of an adequate size, are recom- 
mended where much grease is discharged. 

(2) All non-liquid wastes such as garbage, refuse, ofTal, decaying vegetables, rubbish and 
trash are kept in tight, non-absorbent, and easily washable receptacles which are covered with 
tight-fitting lids while pending removal and these containers are adequate in size. 

(3) All non-liquid wastes such as garbage, refuse, offal, decaying vegetables, rubbish and 
trash are removed from the premises daily or as frequently as may be necessary to prevent a 
nuisance and unsightliness, and are disposed of in a manner approved by the health officer. 

(4) All receptacles used as containers for non-liquid wastes are washed when emptied, and 
treated with a disinfectant if necessary, to prevent a nuisance. 

(5) No receptacle used as a container for non-liquid wastes is used for any other purpose. 

Item 13. Refrigeration: Adequate refrigeration facilities shall be provided for the proper 
storing of all readily perishable food, meat, confection or drink and the refrigeration facilities 
shall be maintained at a proper temperature to prevent unwholesomeness or spoilage of any 
food, meat, confection or drink being stored. All refrigeration facilities shall be kept clean and 
in good repair. 

Public Health Reason: 

Readily perishable food, meat, confection or drink may contain pathogenic bacteria which 
will cause spoilage, unwholesomeness, or disease. For this reason readily perishable foods, meat, 

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Code of Laws of South Carouna 

confection or drink should be kept at a sufficiejjtly low temperature as will prevent the growth 
of these harmful bacteria. 

Refrigeration facilities should be adequate in size to eliminate insanitary storage practices, 
overloading, and to provide for the proper circulation of the refrigerated air. 

Satisfactory Compliance: This item shall be deemed to have been satisfied if: 

(1) Adequate refrigeration facilities are provided for all readily perishable food, meat, 
confections or drink when necessary. 

(2) The refrigeration facilities are not overloaded beyond the refrigeration capacity. 

(3) The refrigeration facilities are kept at the proper temperatures recommended for the 
protection of food, meat, confection or drink being stored. Provided that all custard filled and 
cream filled pastries, milk and milk products, egg products, meat, fish, shellfish, gravy, poultry 
stuflSng, and sauces, dressings, and salads containing meat, fish, eggs, or milk or milk products 
are to be kept refrigerated at or below 50 degrees F., except when being prepared or served. 

(4) The food, meat, confection or drink being kept in the refrigeration facilities are Sf 
arranged and stored as to permit the proper circulation of air and to prevent contaminatioi, 
from dripping or improper contact. 

(5) To prevent contamination of the refrigerator contents from possible sewage backflow, 
all waste water from refrigeration equipment drains into an approved, properly trapped drain 
or is disposed of in a manner approved by the health officer. 

(6) All refrigeration facilities are maintained clean and in good repair. 

Item 14. Wholesomeness of Food, Meat, Confection and Drink: All food, meat, confection, 
drink and ingredients thereof shall be clean, wholesome, free from spoilage, and so prepared as 
to be safe for human consumption. All ingredients, including milk, fluid milk products, ice 
cream or other frozen desserts, oysters, clams, mussels or other seafood or any other products 
or ingredients off^ered for sale or used in preparing or serving any food, meat, confection or 
drink shall be from sources approved by the health officer. All milk and fluid milk products, ex- 
cluding cream which may be served from the original bottle or from a dispenser approved by the 
health officer for such service, shall be ofi^ered for sale, used or served in the individual original 
containers in which they were received from the distributor, or from approved bulk dispensers. 

All shucked oysters, clams and mussels shall be kept until used in the containers in which 
they were placed at the shucking plant. 

Any food, meat, confection or drink which has become tainted or spoiled shall be considered 
as waste and disposed of as provided for under Item 11. 

Public Health Reason : 

Food, meat, confection or drink or ingredients thereof may be harmful or distasteful to 
the consumer unless from approved sources, clean, wholesome, free of spoilage and so prepared 
and served as to be safe for human consumption. The possibility of contamination of milk and 
fluid milk products and shellfish from insanitary handling or serving is reduced by keeping in 
and serving from original containers as received from the distributor. Many diseases may result 
from the use of unclean, unwholesome, spoiled food, meat, confection, drink or ingredients used 
in the preparation thereof as well as from insanitary methods of preparation, storing and 
serving. 

Satisfactory Compliance : This item shall be deemed to have been satisfied if : 

(1) All food, meat, confection, drink and ingredients thereof are clean, wholesome, free 
from spoilage ; are from approved sources ; and are so prepared as to be safe for human con- 
sumption. 

(2) All custard or creamed filled pastries served have been rebaked, after filling, at an 
oven temperature of at least 425° F. for at least 20 minutes and cooled to 50° F. or less within 
one hour after rebaking; or the filling has been heated before the pastry shells were filled, so 
that every particle of the mix was held at a temperature of at least 190° F. for at least 10 
minutes and cooled, either before or after filling the pastry shells, to 50° F. or less within one 
hour after heating. 

(3) All milk, fluid milk products, ice cream or other frozen desserts, oysters, clams, mus- 
sels or other seafoods or any other products or ingredients oflfered for sale or used in preparing 
or serving any food, meat, confection or drink are from sources approved by the health ofl[icer. 
In instances where raw milk is served, there shall be displayed at all times in a place designated 
by the health officer, a notice approved by the health officer, stating that only raw milk is 
available for service. 

Pasteurized milk and milk products are used where available. 

(4) All milk and fluid milk products which are off'ered for sale, used, or served are in 
the individual original containers in which they were received from the distributor. Cream offered 
for sale complies with the same requirements as for milk or fluid milk products ; provided that 
cream used or served in any of the establishments covered by these regulations may be served 
from the original bottle or from a dispenser approved by the health oflScer for such service. 

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(5) All shucked oysters, clams or mussels are kept, until used, in containers in which they 
were placed at the shucking plant. 

(6) Any food, meat, confection, drink or ingredients thereof which become tainted or 
attacked by putrifactive action is immediately removed from the premises, placed in proper 
waste disposal receptacles and disposed of as prescribed for disposal of wastes. 

(7) All ice is from a source approved by the health officer and is handled and stored in 
a manner to prevent contamination. 

Item 15. Storage, Display, Sale and Serving of Food, Meat, Confection or Drink: 
All food, meat, confection or drink or ingredients thereof shall be so stored, displayed, 
■old or served as to be free from dust, dirt, insects, vermin, rodents, unnecessary handling, 
droplet infection, overhead leakage and submerging or any other contamination. No animals, 
pets, or fowls shall be kept or allowed in any room in which any food, meat, confection or drink 
b prepared, offered for sale, or served. All means necessary for the control and elimination 
of insects or rodents shall be used. 

Public Health Reason: 

Food, meat, confection or drink or ingredients thereof which are not protected from con- 
tamination while being stored, displayed, sold or served may become a public health hazard. 
Satisfactory Compliance : This item shall be deemed to have been satisfied if : 

(1) All food, meat, confection, drink or ingredients thereof are stored, and displayed in 
such a manner as to be protected from dust, dirt, insects, vermin, rodents, unnecessary handling, 
droplet infection, overhead leakage and condensation, sewage backflow or other submerging, 
or any other contamination. 

Evidence of the presence of rodents, roaches, flies, ants or other insects or vermin is con- 
sidered a violation of this item. 

Food, meat, confection, drink or ingredients thereof is not stored or prepared beneath any 
overhead pipes unless such pipes are provided with suitable means to carry off any possible 
leakage or condensation. 

Food, meat, confection, drink or ingredients thereof is so stored as to be protected from any 
possible flooding or sewage backflow. 

(2) All food, meat, confection, drink or ingredients thereof is handled, sold or served in 
such a manner as to minimize the opportunities for contamination. The serving of sliced butter 
and cracked ice is not by direct contact with fingers or hands. The manual contact in the prep- 
aration, sale or serving of food, meat, confection or drink is permitted only if the hands are 
clean. 

Sugar, salt, mustard, and similar materials are served only in covered dispensers or in 
containers or wrapped packages for individual service. (It is recommended that containers so 
designed that a spoon cannot be inserted be used for dispensing these materials.) 

(3) All unwrapped or unenclosed food, meat, confection, or drink on display are protected 
by glass or otherwise from public handling or other contamination, except that approved hand 
openings for self-service may be permitted on counter fronts. 

(4) No animals, pets or fowl are kept or allowed in any room in which food, meat, con- 
fection, drink or ingredients thereof are prepared, sold, served or stored. 

(5) Harborages and potential breeding places for rodents have been eliminated or the prem- 
ises ratproofed and rodents eliminated. 

(6) All supplementary means necessary for the elimination of insects, vermin and rodents 
are employed. 

(7) All poisonous compounds used in extermination of rodents or insects are so marked 
as to be easily identified and so stored and used as to prevent any possible contact which 
would permit contamination of food, meat, confection, drink, or ingredients thereof. 

Item 16. Cleanliness of Employees : All employees shall wear clean outer garments, 
including head covering; shall be of a clean, neat personal appearance; shall be free of 
contagious disease ; of open wounds ; and shall keep their hands clean at all times while en- 
gaged in preparing, offering for sale, serving, storing, or otherwise handling any food, meat, 
confection, drink, ingredients thereof, utensils or equipment. Employees shall not expectorate 
or use tobacco in any form in the room in which food is prepared. 

Public Health Reason : 

The likelihood of possible contamination of food, meat, confection, drink, ingredients, 
utensils, or equipment is materially reduced if all employees who prepare, offer for sale, 
serve or store such items wear clean outer garments, including head coverings, are healthy, 
are of neat personal appearance, and have clean hands. 

Satisfactory Compliance: This item shall be deemed to have been satisfied if: 

(1) The outer garments of all persons, including dishwashers, who are engaged in 
preparing, selling, serving, or storing of food, meat, confection, or utensils are reasonably 
clean and are used for no other purpose than working clothes. 

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Code oif Laws oi^ South Carolina 

Clean uniforms, coats or aprons which are readily washable are considered satisfactory. 
Washable caps or hairnets are worn by employees. 

(2) The hands of all persons are kept clean while engaged in preparing, selling, serv- 
ing or storing of food, meat, confection, drink, utensils or equipment. 

(3) All employees are free from communicable disease or open lesions or wounds (a 
health card is available on each employee). 

(4) There is no evidence of spitting or of the use of any form of tobacco by employees 
in rooms in which food is prepared 

Item 17. Miscellaneous: The premises, inside and outside, of any establishment cov- 
ered by these regulations shall be kept clean, neat, and free from litter or rubbish. Any 
room or rooms which are used as living or sleeping quarters for humans, animals or 
fowl shall be completely separated from the room or rooms in which food, meat, confection 
or drink are prepared, ofifered for sale, served, stored, and prepared for sale elsewhere 
or in which utensils are washed or stored. Adequate lockers or dressing rooms shall be 
provided for employees' clothing and shall be kept clean. 

Soiled linens, coats, aprons, clothes, and cloths shall be kept in covered containers 
provided and used only for this purpose. 

Hand washing signs shall be posted in all toilet rooms and other rooms in which 
food, meat, confection or drink is prepared, offered for sale, served, stored, or prepared for 
sale elsewhere, or in which utensils are washed or stored. 

Public Health Reason : 

Clean surroundings and good sanitation practices promote cleanliness. 

Satisfactory Compliance: This item shall be deemed to have been satisfied if: 

(1) The premises, inside and outside, including all equipment not covered under Item 
10, are clean and free of litter and rubbish, the disposal of which is provided in Item 12. 
The storage of all utensils, equipment and supplies is neat and orderly. 

(2) There is complete separation of the room or rooms which are used for living or 
sleeping quarters or other non-food handling domestic activities of humans, animals or fowl 
from other rooms in which food, meat, confection, drink, ingredients, utensils, or equipment 
are prepared, offered for sale, served, washed, stored, or prepared for sale elsewhere. 

(3) Dressing rooms or lockers are not located in the kitchen or other rooms in which 
food, meat, confection, or drink is prepared, offered for sale, served, prepared for sale 
elsewhere, or in which utensils are washed or stored. 

(4) Covered containers are provided for soiled linens, coats, aprons, clothes and cloths 
and these containers are used for no other purpose. 

(5) Hand washing signs, furnished by the health officer, are conspicuously posted in 
toilet rooms as well as in other rooms in which food, meat, confection or drink is prepared, 
offered for sale, served, stored, or prepared for sale elsewhere and in which utensils are washed 
or stored. 

(6) In school lunch units, gymnasiums and similar rooms are not used for dining or 
serving rooms. 

Grade "B" Eating and Drinking Establishments, and Other Retail Food Establishments: 

Grade "B" eating and drinking establishments and other retail food establishments are 

those which fail to comply with Items 1, 2, 4, 5, or 17, but which conform to all other 

items of sanitation required for Grade "A" eating and drinking establishments and other 

retail food establishments. 

Grade "C" Eating and Drinking Establishments and Other Retail Food Establishments: 
Grade "C" eating and drinking establishments and other retail food establishments are 
those which fail to comply with either the Grade "A" or Grade "B" requirements. 
Itinerant Eating and Drinking or Other Retail Food Establishments : 

A person conducting an itinerant eating and drinking or other retail food establish- 
ment may, in the discretion of the health officer, be exempted from the requirements of 
securing a permit. The health officer should approve an itinerant eating and drinking, 
or other retail food establishment, only if it complies with the following requirements of 
sanitation : 

It shall be located in proper surroundings and kept in a clean and sanitary condition. 
It shall be so constructed and arranged that food, meat, confection, drink, utensils, and 
equipment will not be exposed to insects or to dust or other contamination. Only food and 
drink which is clean, wholesome and free from adulteration shall be sold or served. An 
adequate supply of water of safe sanitary quality shall be easily available and used for drinking 
and for cleaning utensils and equipment. If multi-use utensils are used in the serving of 
food or drink, they shall be thoroughly washed with hot water and a satisfactory detergent, 
rinsed and disinfected after each use, as provided for in Item 10, Section 5, and so handled 
and kept as to be protected from contamination. Adequate provision shall be made for 
refrigeration of perishable food, meat, confection and drink. Ice used in or with food, mea^ 
confection, or drink, shall be from a source approved by the health officer and so handled as to 

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RuLi;s AND Regulations 

avoid contamination. In the event the establishment does not comply with the provisions of 
this paragraph, only single service containers shall be used. 

Garbage and refuse shall be kept in tightly covered, water-tight containers until re- 
moved and shall be disposed of in a place and manner approved by the health officer. Dish- 
water and other liquid wastes shall be so disposed of as not to create a nuisance. 

No person suffering from any disease transmissible by contact or through food, meat, 
confection or drink, or who is a known carrier of the germs of such a disease shall be 
employed in any capacity. Adequate and satisfactory toilet and hand washing facilities shall 
be leadily accessible to employees. No person engaged in the handling or serving of food, 
meat, confection, or drink shall return to his work, after using the toilet, without first 
thorouffhly washing his hands. 

Upon failure of any person maintaining or operating an itinerant eating and drinking, or 
other retail food establishment, after warning, to comply with any of these requirements, it 
shall be the duty of the health officer summarily to forbid the further sale or serving of 
food, meat, confection, or drink therein. Any person continuing to sell or serve food, meat, 
confection or drink in such an eating and drinking, or other retail food establishment after 
being so forbidden, shall be subject to the penalties provided for violation of these rules and 
regulations and the laws of the State of South Carolina. 

Purpose of this rule (§6, item 16) is to reasonable policy as to issuance of health 

safeguard public from possibility of infec- certificate or cards, having in regard pri- 

tion of communicable disease. Atty. Gen. mary responsibility of ascertaining whether 

Op. Nov. 5, 1955. employee free of communicable diseases. 

County board of health may adopt Atty. Gen. Op. Nov. 5, 1955. 

Section 7. Grades of Eating and Drinking Establishments or Other Retail Food Estab- 
hshments Which May Operate: 

No eating and drinking establishment or other retail establishments shall be operated 
within the State unless it conforms with Grade "A", Grade "B", or approved itinerant 
eating and drinking establishments or other retail food establishment requirements of these 
rules and regulations. 

When any eating and drinking establishment or other retail food establishment fails 
to qualify for any of the grades in these regulations, the health officer is authorized to 
revoke the permit or in lieu thereof degrade the eating and drinking establishment or other 
retail food establishment, and permit its operation during a temporary period not exceeding 
30 days. 

Section 8. Reinstatement of Permit (Supplementary Regrading) : 

Any eating and drinking establishment or other retail food establishment, the grade 
of which has been lowered and all grade displays have been changed accordingly, or the 
permit of which has been suspended may at any time make application for regrading or the 
reinstatement of the permit. 

Within one week after the receipt of a satisfactory application, accompanied by a 
statement signed by the applicant to the effect that the violated item or items of the 
specifications have been conformed with, the health officer shall make a reinspection, and 
thereafter as many reinspections as he may deem necessary to assure himself that the ap- 
plicant is again complying with the higher grade requirements and, in case the findings 
indicate compliance, shall award the higher grade or reinstate the permit. 

Section 9. Disease Control: 

No person who is affected with any disease in a communicable form or is a carrier 
of such disease shall work in any eating and drinking establishment or other retail food 
establishment, and no eating and drinking establishment or other retail food establishment 
shall employ any such person or any person suspected of being affected with any disease in 
a communicable form or of being a carrier of such diseases. 

Notice shall be sent to the health officer immediately by the eating and drinking estab- 
lishment or other retail food establishment manager, or by the employee concerned if he or 
any employee contracts any infectious, contagious, or communicable disease, or has a fever, 
a skin eruption, a cough lasting more than three weeks, or any other suspicious symptom. 
It shall be the duty of any such employee to notify the eating and drinking establishment or 
other retail food establishment manager immediately when any of these conditions obtain, and 
if neither the manager nor the employee concerned notifies the health officer immediately 
when any of said conditions obtain they shall be held jointly and severally to have violated 
this section. A placard containing this section shall be posled in all toilet rooms. 

Section 10. Procedure When Infection Suspected: 

When suspicion arises as to the possibility of transmission of infection from any eat- 
ing and drinking establishment or other retail food establishment employee, the health officer 
is authorized to require any or all of the following measures: (1) the immediate exclusion 

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Code of Laws o^ South Carolina 

of the employee from all eating and drinking establishments or other retail food establish- 
ments — (2) the immediate closing of the eating and drinking establishment or other retail 
food establishment concerned until no further danger of disease outbreak exists, in the 
opinion of the health officer — (3) adequate medical examinations of the employee and his 
associates, with such laboratory examination as may be indicated. 

Section 11. Enforcement Interpretation: 

These rules and regulations are issued under the authority of Section 32-8, Code of 
Laws, 1952, and subsequent legislation. They shall be enforced by the health officer, in ac- 
cordance with interpretations and public health reasons approved by the State Board of 
Health. 

Section 12. Penalties: 

Violation of these rules and regulations shall be punishable in accordance with Sec- 
tion 32-17, Code of Laws of South Carolina, 1952, by fine not exceeding $100.00 or im- 
prisonment not exceeding 30 days; and each day of continued violation shall be a separate 
offense. 

Section 13. 

All rules and regulations governing restaurants, markets, locker plants and school 
lunch rooms, previously adopted by the State Board of Health are hereby revoked. 

FOOD PROCESSING PLANTS. 

Section 20, Examination and condemnation of unwholesome or adulterated ingredients, 
food or food products. 
Health director may determine whole- unfit for consumption. Atty. Gen. Op., July 
someness of food items with authority to 1, 1959. 
prevent sale of such items to public if found 

REGULATIONS GOVERNING THE SANITARY CONTROL OF THE MANU- 
FACTURE, DISTRIBUTION, AND SALE OF FROZEN DAIRY 
FOODS AND FROZEN DESSERTS. 

Pursuant to §§ 32-8 and 32-1710, S. C. Code of 1952, and § 32-1716.8, this supplement 

[Act No. 257 of 1955, p. 514] 
(Filed in the office of the Secretary of State June 14, 1956.) 

Section 1. Definitions: 

The following definitions shall apply in the interpretation and the enforcement of 
these regulations: 

A. Frozen Desserts — Frozen desserts as used in these regulations shall be as defined in 
Act No. 257, 1955, Acts and Joint Resolutions. 

B. Frozen Dairy Foods — Frozen dairy foods as used in these regulations shall mean and 
include ice cream, frozen custard, milk sherbet, ice or ice sherbet, imitation ice cream, and ice 
milk as defined in Section 32-1701, 1952 Code of Laws of South Carolina as amended. 

C. Mix — Mix is the unfrozen combination of ingredients of frozen dairy foods and frozen 
desserts except such fruits, nuts, flavors, color, and other ingredients as may be exempted by the 
health ofiicer because of the deleterious effect of pasteurization. 

D. Pasteurization — The terms "pasteurization", "pasteurized", and similar terms shall be 
taken to refer to the process of heating every particle of mix to at least 155° F. and holding 
at such temperature continuously for at least 30 minutes or to at least 175° F. and holding at 
such temperature continuously for at least 25 seconds, in approved and properly operated equip- 
ment ; Provided, That nothing contained in this definition shall be construed as disbarring any 
other process which has been demonstrated to be equally efficient and is approved by the State 
health authority. 

E. Person — The word "person" as used in these regulations shall mean person, firm, cor- 
poration, or association. 

F. Frozen Dairy Foods Retailer — A frozen dairy foods retailer is any person who sells, 
serves, dispenses or processes by fountain freezing, frozen dairy foods or mix at retail which 
have been processed in an approved frozen dairy foods plant. 

G. Fountain Freezer — The term fountain freezer shall mean a freezer which is installed 
and used for freezing frozen dairy foods which are held in the freezer under refrigeration until 
they are served for immediate consumption. 

H. Frozen Dairy Foods and Frozen Desserts Manufacturer — A frozen dairy foods and 
frozen desserts manufacturer is any person except frozen dairy foods retailer, who manufactures, 
processes, or freezes any mix or frozen dairy foods and frozen desserts for distribution or sale. 

I. Frozen Dairy Foods and Frozen Desserts Plants — A frozen dairy foods and frozen 
desserts plant is hereby defined as any place or premises except frozen dairy foods retailers 

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Rules and Re;gulations 

where frozen dairy foods and frozen desserts or mix are manufactured, processed, or frozen for 
distribution or sale. 

J. Tile term "Health Officer" witliin the meaning of these regulations shall mean the health 
authority of the state and/or the counties, and/or cities, or his authorized representatives. 

K. Average bacterial plate count, direct microscopic count, reduction time, and cooling 
temperature — Average bacterial plate count and average direct microscopic count shall be taken 
to mean the logarithmic average, and average reduction time and cooling temperature shall 
be taken to mean the arithmetic average, of the respective results of the last four con- 
secutive samples, taken upon separate days. 

L. Adulterated or Misbranded Frozen Dairy Foods and Frozen Desserts or Mix — Any 
frozen dairy foods and frozen desserts or mix which contain any unwholesome substance, or 
which if defined in these regulations do not conform with the definition, shall be deemed 
adulterated and/or viisbranded. 

Section 2. Permits: 

It shall be unlawful for any person to deliver directly or indirectly into or receive 
into the State for sale or to produce, sell or offer for sale therein, or to have in storage, 
where mix or frozen dairy foods and frozen desserts are sold or served, any mix or frozen 
dairy foods and frozen desserts, who does not possess a permit from the health officer; 
except frozen dairy foods retailers may receive mix and sell frozen dairy foods processed 
by fountain freezers from mix supplied by an approved frozen dairy foods and frozen 
desserts plant complying with these regulations. 

Only a person who complies with the requirements of these regulations shall be 
entitled to receive and retain such a permit. 

Such a permit may be suspended by the health officer, or revoked after an opportunity 
for a hearing by the health officer, upon the violation by the holder of any of the terms 
of these regulations. Provided, That frozen dairy foods retailers holding permits and 
regulated under "Rules and Regulations Governing Eating and Drinking Establishments 
and Other Retail Food Establishments" shall not be regulated or required to hold a 
permit under these regulations for the sale or dispensing of frozen dairy foods or their 
preparation by freezing and dispensing with the process of fountain freezing. 

Section 3. The Sale Prohibited of Mix or Frozen Dairy Foods and Frozen Desserts 
Which Are Adulterated or Misbranded: 
No person shall, within the State, manufacture, freeze, sell, offer or expose for sale, 
or have in possession with intent to sell, any mix or frozen dairy foods and frozen 
desserts which are adulterated or misbranded. 

Section 4. Labeling (and Placarding): 

All cans, packages, and other containers enclosing mix or frozen dairy foods and 
frozen desserts or their ingredients derived from milk or edible food fats except those 
filled from labeled bulk containers in retail dispensing, shall be plainly labeled or marked 
with (1) the name of the contents; (2) in the case of mix the word "pasteurized" if the 
contents have been pasteurized and the word "raw" if the contents have not been 
pasteurized; and (3) the name and address of the plant at which the contents were placed 
in the container. The label shall be in letters of an approved size, kind, and color and 
shall contain no marks or words which are misleading. 

Section 5. Inspection of Frozen Dairy Foods and Frozen Desserts Plants: 

The health officer shall inspect all frozen dairy foods and frozen desserts plants, the 
products of which are intended for consumption within the state. In case the health 
officer discovers the violation of any item of sanitation, he shall make a second inspection 
in determining compliance with the requirements of these regulations. Any violation of the 
same item of these regulations on two consecutive inspections shall call for immediate 
suspension of permit. 

One copy of the inspection report shall be delivered to the owner of the premises 
inspected, or his agent, and shall be readily available at any time for a period of 12 
months. Another copy of the inspection report shall be filed with the records of the 
health department. 

Section 6. Bacteriological Examination of Frozen Dairy Foods and Frozen Desserts and 

Their Ingredients: 
During each six months period at least four samples of frozen dairy foods and frozen 
desserts and pasteurized mix from each plant shall be collected by the health officer for 
bacterial analysis. Samples of mix or frozen dairy foods and frozen desserts may be 
taken by the health officer at any time prior to final delivery. Samples of ingredients may 
be examined as often as the health officer may require. Samples of frozen dairy foods 

185 



Code of Laws of South Carolina 

and frozen desserts from stores, cafes, soda fountains, restaurants, and other places where 
frozen dairy foods and frozen desserts are sold may be examined as often as the health 
officer may require. Bacterial plate counts and direct microscopic counts shall be made in 
conformity with the current standard methods recommended by the American Public 
Health Association and the Association of Official Agricultural Chemists. All proprietors 
of plants, stores, cafes, restaurants, soda fountains, and other similar places shall furnish 
the health officer, upon his request, with the names of all persons from whom their mix 
or frozen dairy foods and frozen desserts are obtained. 

Whenever the average bacterial count, the average reduction time, or the average 
cooling temperature falls beyond the limit, the health officer shall send written notice 
thereof to the plant concerned, and shall take an additional sample for determining a new 
average in accordance with Section 1 (K). Violation of the requirement by the new 
average or by any subsequent average during the remainder of the current grading period 
shall call for immediate suspension of the permit, unless the last individual result is 
within the limit. 

Whenever more than one of the last four consecutive coliform counts of samples 
taken on separate days are beyond the limit, the health officr shall send written notice 
thereof to the person concerned. He shall then take an additional sample, but not before 
the lapse of 3 days. Immediate suspension of permit shall be called for when the limit 
is violated by such additional samples, or when the limit is again violated during the re- 
mainder of the current six months period by more than one of the last four consecutive 
samples, unless the last individual result is within the limit. 

In case of violation of the phosphatase-test requirements, the probable cause shall 
be determined and corrected before frozen dairy foods and frozen desserts from the plant 
concerned again can be sold. 

Section 7. Sanitation Requirements for Frozen Dairy Foods and Frozen Desserts Plants: 
All frozen dairy foods and frozen desserts plants shall comply with the following 
items of sanitation: 

ITEM 1. FLOORS: 

The floors of all rooms in which mix, frozen dairy foods and frozen desserts, or their 
ingredients are manufactured, frozen, or stored, or in which containers and utensils are 
washed or stored shall be constructed of concrete or other equally impervious and easily 
cleaned material, shall be smooth, properly drained, provided with trapped drains, kept 
clean and in good repair; Provided, That cold storage rooms need not be provided with drains. 

ITEM 2. WALLS AND CEILINGS: 

Walls and ceilings of rooms in which mix, frozen dairy foods and frozen desserts, 
or their ingredients are manufactured or frozen, or in which containers or utensils are 
washed or stored, shall have a smooth, water resistant, washable, light-colored surface, 
and shall be kept clean and in good repair. The requirement of a light-colored finish shall 
not apply to hardening and storage rooms. 

ITEM 3. DOORS AND WINDOWS: 

Unless other efifective means are provided to prevent the access of flies and other 
insects, all openings into the outer air shall be effectively screened and all doors shall be 
self-closing. 

ITEM 4. LIGHTING AND VENTILATION: 

All rooms shall be well lighted and ventilated. 

ITEM 5. MISCELLANEOUS PROTECTION FROM CONTAMINATION: 

The various plant operations shall be so located and conducted as to prevent any 
contamination of the mix, frozen dairy foods and frozen desserts, their ingredients, cleaned 
equipment, or containers. All necessary means shall be used for the elimination of flies, 
other insects and rodents. Separate rooms shall be provided for (a) the pasteurizing, 
processing, cooling, freezing, and packaging operations, and (b) the washing and bac- 
tericidal treatment of containers. Where mix or frozen dairy foods and frozen desserts 
are pasteurized, the containers of frozen dairy foods and frozen desserts ingredients shall 
not be unloaded directly into the room or rooms used for pasteurization or subsequent 
processes. Pasteurized mix or frozen dairy foods and frozen desserts shall not be permitted 
to come in contact with equipment with which unpasteurized mix, frozen dairy foods 
and frozen desserts, milk, or milk products have been in contact unless such equipment 
has first been thoroughly cleaned and subjected to bactericidal treatment. None of the 
operations connected with a frozen dairy foods and frozen desserts plant shall be con- 
ducted in a room used for domestic purposes. All poisonous substances are stored and 
handled in such a manner so as not to contaminate the frozen dairy foods and frozen 
desserts, ingredients, containers, equipment, or other supplies. 

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Ruizes and Ejegui^ations 

ITEM 6. TOILET FACILITIES: 

There shall be provided flush type toilet facilities conforming with the rules and 
regulations ol the South Carolina State Board of Health, and which are kept clean, well 
ventilated, and in good repair. Toilet rooms shall not open directly into any room in which 
mix, frozen dairy foods and frozen desserts, their ingredients, equipment, or containers 
are handled or stored. The doors of all toilet rooms shall be self-closing. A sign directing 
employees to wash their hands before returning to work shall be posted in all toilet 
rooms used by employees. 

ITEM 7. WATER SUPPLY: 

The water supply shall be easily accessible, adequate, and of a safe, sanitary quality. 

ITEM 8. HAND-WASHING FACILITIES: 

Adequate and convenient hand-washing facilities shall be provided, including warm 
running water, soap, and approved sanitary towels. The use of a common towel is pro- 
hibiteU. No employee sliall resume work alter using the toilet room without hrst washing 
his hands. Hand-washing facilities shall be kept clean. 

ITEM 9. SANITa.cY PIPING: 

All piping used to conduct ingredients, mix, or frozen dairy foods and frozen desserts 
ehall be "Sanitary Milk Piping" ot a type which can be easily cleaned with a brush. 

ITEM 10. CONSTRUCTION AND REPAIR OF CONTAINERS AND 
EQUIPMENT: 

All multi-use containers and equipment with which mix, frozen dairy foods and 
frozen desserts or their ingredients come into contact shall be of smooth, impervious, non- 
corrodible, non-toxic material; shall be so constructed and so located as to be easily 
cleaned; and sliall be kept in good repair. All single-service containers, closures, gaskets, 
and other articles used shall have been manufactured, packaged, transported, and handled 
in a sanitary manner. 

ITEM 11. DISPOSAL OF WASTES: 

All wastes shall be properly disposed of. All plumbing and equipment shall be so 
designed and so installed as to prevent contamination of mix and frozen dairy foods and 
frozen desserts equipment by back flow. 

ITEM 12. CLEANING AND BACTERICIDAL TREATMENT OF CONTAIN- 
ERS AND EQUIPMENT: 

All multi-service containers and equipment for mix, frozen dairy foods and frozen 
desserts or their ingredients shall be thoroughly cleaned after each usage. All such con- 
tainers shall be subjected to an approved bactericidal process after each cleaning and all 
equipment immediately before each usage. When empty and before being returned by a 
frozen dairy foods and frozen desserts plant, each milk and milk products container shall 
be effectively cleaned. 

ITEM 13. STORAGE OF CONTAINERS AND EQUIPMENT: 

After bactericidal treatment all multi-use containers and equipment for mix, frozen 

dairy foods and frozen desserts, and their ingredients shall be stored in such manner as 

to be protected from contamination. 

ITEM 14. HANDLING OF CONTAINERS AND EQUIPMENT: 
Between bactericidal treatment and usage, and during usage, containers and equip- 
ment shall not be handled or operated in such manner as to permit contamination of the 
frozen dairy foods and frozen desserts, mix, or their ingredients. 

ITEM 15. STORAGE AND HANDLING OF SINGLE-SERVICE CONTAIN- 
ERS AND UTENSILS: 

Covers, parchment papers, wrappers, can liners, and single-service sticks, spoons and 
containers for frozen dairy foods and frozen desserts, mix, or their ingredients shall be 
purchased and stored only in sanitary containers, shall be kept therein in a clean dry 
place, and shall be handled in a sanitary manner. 

ITEM 16. (a) PASTEURIZATION OF MIX: 

All mix shall be pasteurized as described in Section 1 (D) of these regulations. 

ITEM 16. (b) SPECTFTCATTONS FOR PASTEURIZATION THERMOME- 
TERS. TIME AND TEMPERATURE CONTROLS. INLET AND 
OUTLET VALVES. AND CONNECTIONS AND VAT AND 
POCKET COVERS AND COVER PORTS: 

To insure that pasteurization temperature and time will be applied to every particle 
of mix, all indicating and recording thermometers used in connection with the pasteuriza- 

187 



CoDK OF Laws of South Carolina 

tion of mix, all test thermometers used by the health officer in checking plant thermom- 
eters, the temperature controls, location and required readings of indicatmg and record- 
ing thermometers, time control, record of temperature and time, inlet and outlet valves 
and connections, air heating, vat and pocket covers and cover ports and preheating hold- 
ers, shall comply with the specihcations thereof contained in the 1940 Edition of the 
Frozen Desserts Code Recommended by the U. S. Public Health Service. 

ITEM 17. COOLING AND HANDLING: 

All milk and fluid milk products received at the mix or frozen dairy foods and frozen 
desserts plant for use in frozen dairy foods and frozen desserts or mix shall be cooled 
immediately in approved equipment to 50° F. or less and maintained at that temperature 
until pasteurized, unless they are to be pasteurized within 2 hours after receipt; and all 
pasteurized mix shall be cooled immediately in approved equipment to an average tem- 
perature of 50° F. or less, as defined in Section 1 (K) of these regulations and maintained 
thereat until frozen. 

All mix which is not frozen at the plant at which it was pasteurized shall be trans- 
ported to the place of manufacturing or freezing in sealed containers, and the mix shall 
be handled in a sanitary manner. Dipping from containers of pasteurized mix is prohibited. 

ITEM 18. PACKAGING: 

Packaging, cutting, molding, dipping, and other preparation of mix or frozen dairy 
foods and frozen desserts or their ingredients shall be done in an approved manner. 
Containers shall be adequately covered immediately after filling. Caps or covers shall be 
handled in such manner as to prevent contamination of the package contents. 

ITEM 19. OVERFLOW OR SPILLAGE: 

Product drip, or overflow or spilled mix or frozen dairy foods and frozen desserts or 
their ingredients, shall not be sold for human consumption. 

ITEM 20. RETURNS: 

Mix or frozen dairy foods and frozen desserts in broken and open containers may 
after delivery be returned to the plant for inspection, but shall not be used for making 
mix or frozen dairy foods and frozen desserts. 

ITEM 21. PERSONNEL, HEALTH: 

Every person connected with a frozen dairy foods and frozen desserts plant, or about 
to be employed, whose work brings him in contact with the production, handling or 
storage of mix, frozen dairy foods and frozen desserts, containers, or equipment shall be 
free from communicable disease. 

Such persons shall furnish such information, submit to such physical examinations, 
and submit such laboratory specimens as the health officer may require for the purpose 
of determining freedom from infection. 

ITEM 22. PERSONNEL, CLEANLINESS: 

All persons coming in contact with mix, frozen dairy foods and frozen desserts, their 
ingredients, containers, or equipment shall wear clean outer garments and shall keep their 
hands clean at all times while thus engaged. 

ITEM 23. MISCELLANEOUS: 

All vehicles used for the transportation of mix or frozen dairy foods and frozen 
desserts or their ingredients shall be so constructed and operated as to protect their 
contents from the sun and from contamination. Such vehicles shall be kept clean, and 
no substance capable of contaminating mix of frozen dairy foods and frozen desserts or 
their ingredients shall be transported therewith in such manner as to permit contamina- 
tion. All vehicles used for the distribution of mix or frozen dairy foods and frozen desserts 
shall have the name of the distributor prominently displayed. The immediate surroundings 
of all frozen dairy foods and frozen desserts plants shall be kept in a neat clean condition. 

ITEM 24. BACTERIAL PLATE COUNT OF PASTEURIZED AIIX OR 
FROZEN DAIRY FOODS AND FROZEN DESSERTS: 

The average bacterial plate count of the pasteurized mix or the frozen dairy foods 
and frozen desserts shall at no time prior to delivery exceed 50,000 per gram and not 
more than one of the last four coliform counts shall exceed 10 per ML, as determined 
under Section 1 (K) and 6. 

ITEM 25. INGREDIENTS: 

All mix and frozen dairy foods and frozen desserts ingredients shall be clean, have 
a fresh wholesome flavor and odor and a normal appearance, be of satisfactory quality, 
and shall be handled or processed in an approved manner. Milk and milk products used 
as ingredients in the raw state shall have an average bacterial plate count not exceeding 

188 



RuivES AND Regulations 

200,000 per cubic centimeter or per gram, or an average direct ttiicroscopic count not 
exceeding 200,000 per cubic centimeter or per gram if clumps are counted, or an average 
reduction time of not less than 5H hours, as determined under Sections 1 (K) and 6; 
and milk and milk products used as ingredients in the pasteurized, condensed, evaporated, 
or dried state shall have an average bacterial plate count not exceeding 50,000 per cubic 
centimeter or per gram: Provided, That these limits shall be doubled in the case of cream. 

Section 8. Suspension and Reissuing of Permit: 

If at any time a suspension of the permit shall become justified in any case, the health 
officer shall, subject to the provisions of Sections 2, 5, 6 and 7 of these regulations, im- 
mediately suspend the permit of said frozen dairy foods and frozen desserts plant. 

Any frozen dairy foods and frozen desserts plant, the permit of which has been sus- 
pended by the health officer may at any time make application for the reissuing of the 
permit. 

Upon receipt of a satisfactory application, in case the suspension of permit is the 
result of an unsatisfactory bacterial condition or cooling temperature, the health officer 
shall take further samples. The health officer shall reissue the permit whenever the 
average of the last four sample results indicates the necessary compliance. 

In case the suspension of permit is due to the violation of any item or items of the 
specifications prescribed in Section 7 other than bacterial condition or cooling temperature, 
the said application must be accompanied by a statement signed by the applicant to the 
effect that the violated item or items of the specifications have been conformed with. 
Within one week of the receipt of such an application and statement the health officer 
shall make a reinspection, and thereafter as many additional reinspections as he rnay deem 
necessary to assure himself that the applicant is again complying with the requirements, 
and, in case the findings indicate compliance, shall reissue the permit. 
Section 9. Transferring and Dispensing Frozen Dairy Foods and Frozen Desserts: 

No person shall transfer frozen dairy foods and frozen desserts from one container 
to another or package the same on the street or in any vehicle or in any place except a 
sanitary room under approved conditions. 

Section 10. Mix and Frozen Dairy Foods and Frozen Desserts from Points Beyond 
the Limits of Routine Inspection: 
Mix and frozen dairy foods and frozen desserts from points beyond the limits of 
routine inspection of the State may not be sold in the State, unless controlled under 
provisions equivalent to the requirements of these regulations: Provided, That the health 
officer shall satisfy himself that the health officer having jurisdiction over the manufacture 
is properly enforcing such provisions. 

Section 11. Future Frozen Dairy Foods and Frozen Desserts Plants: 

All frozen dairy foods and frozen desserts plants from which mix or frozen dairy 
foods and frozen desserts are supplied into this State, which are hereafter constructed, 
reconstructed, or extensively altered shall conform in their construction to the require- 
ments of these regulations. Properly prepared plans for all frozen dairy foods and frozen 
desserts plants which are hereafter constructed, reconstructed, or extensively altered 
shall be submitted for approval before work is begun and signed approval shall be ob- 
tained from the health officer and/or the State health department. 

Section 12. Notification of Disease: 

Notice shall be sent to the health officer immediately by any frozen dairy foods and 
frozen desserts manufacturer or distributor among whose employees any infectious, con- 
tagious, or communicable disease occurs or is suspected. 

Section 13. Procedure When Infection Suspected: 

When suspicion arises as to the possibility of transmission of infection from any 
person concerned with the handling of mix, frozen dairy foods and frozen desserts, or 
their ingredients, the health officer is authorized to require any or all of the following 
measures: (\) the immediate exclusion of that person from handling mix, frozen dairy 
foods and frozen desserts, or their ingredients; (2) the immediate exclusion of the supply 
concerned from distribution and use; (3) adequate medical and bacterioligical examina- 
tion of the person, of his associates, and of his and their body discharges. 

Section 14. Enforcement Interpretation: 

These regulations are issued under the authority of Sections 32-8 and 32-1710, Code 
of Laws of S. C. 1952. as amended", and Section 6 of Act No. 257 of 1955. They shall be 
enforced by the health officer, in accordance with the interpretations thereof contained in 
the Frozen Desserts Ordinance and Code, recommended by the U. S. Public Health 
Service, 1940 Edition, a certified copy of which shall be filed in the office of the Secretary 
of State. 

jg^ Volume 7 



CoDi; OF Laws o? South Carouna 

Section 15. Penalties: 

Violation of these regulations shall be punishable in accordance with Section 32-17, 
Code of Laws of South Carolina, 1952, by fine not exceeding $100.00 or imprisonment not 
exceeding 30 days; and each day of continued violation shall be a separate offense. 

Section 16. Repeal and Date of Effect: 

All regulations and parts of regulations in conflict with these regulations are hereby 
repealed; and these regulations shall be in full force and efifect immediately upon adoption 
and its publication, as provided by law. 

Section 17. Unconstitutionality Clause: 

Should any section, paragraph, sentence, clause, or phrase of these regulations be de- 
clared unconstitutional or invalid for any reason, the remainder of said regulations shall 
not be aff^ected thereby. 

HOSPITALS AND INSTITUTIONAL GENERAL INFIRMARIES, LICENSING. 

Pursuant to § Z2-m, S. C. Code of 1952. 

(Filed in the office of the Secretary of State November 3, 1959.) 

Copy of "Minimum Standards for Licensing in South Carolina Hospitals and Insti- 
tutional General Infirmaries" filed in the of^ce of the Secretary of State. Those interested 
should refer to same. 

INDUSTRIAL PLANTS 

(Filed in the oflfice of the secretary of State May 13, 1958.) 

Rules and Regulations Governing Industries. 

Section 1. Water Supplies. — Water provided in industrial plants for drinking pur- 
poses, and water used for the humidifying of spaces or rooms where workmen are era- 
ployed, shall be of a purity acceptable to the State Board of Health. 

Section 2. Common Cups. — All textile and industrial plants, mercantile establish- 
ments and other places where one or more persons are employed are required to furnish 
their employees sanitary drinking fountains, or individual sanitary drinking cups, and to 
keep receptacles in which drinking water is kept properly covered so as to exclude dust, 
etc. 

Section 3. Drinking Fountains. — If drinking fountains are furnished and are the 
bubbling type, they shall be so made that the drinking is from a free jet projected at aa 
angle to the vertical, and not from a jet that is projected vertically or that flows through 
a filled cup or bowl. 

Section 4. Toilet Facilities — Factories to be Provided with Suitable Water Closets.— 
Every factory, mercantile or other establishment or oflfice where two or more males and 
two or more females are employed together, shall be provided with a suflficient number 
of separate water closets or privies, for the use of each sex, and plainly so designated; 
and no person shall be allowed to use a closet or privy which is provided for persons of 
other sex. Such water closets or privies shall be kept clean and free from disagreeable 
odors. Water closets shall be located within and be the property of the factory, mercantile 
or other establishment provided a water supply under pressure is available for making 
the proper connections. 

Minimum Toilet Fixtures to be Provided for Each Sex: 

Employees Fixtures 

1- 15 1 

15-30 2 

30- 50 3 

50-100 S 

Over 100 (for each additional thirty persons) 1 

A. The number to be provided for each sex should be based on the maximum number 
of persons of that sex employed at any one time on the premises for which the fixtures 
arc furnished. 

B. Whenever urinals are provided for men, a maximum of one-third of the number 
of toilet fixtures specified in the above table may be replaced by an equal number of 
urinals. Two feet of porcelain enamel urinal may be considered as equivalent to one 
urinal fixture. 

C. Multiple seat toilets or makeshift trough arrangements used for toilets shall not 
be considered satisfactory even though they are equipped for water flushing. 

D. Every water closet bowl shall be set entirely free from the wall and enclosure 
BO that the space around the fixture may be cleaned easily. 

c :.: / 190 



Rules and Regulations 

E. Every water closet shall have a hinged-lid seat made of impervious material. 
If absorbent material is used the seat shall be finished with varnish or other coating to 
make it impervious to water. 

F. All outside doors, windows, and other openings of toilet rooms shall, during the 
fly season, be equipped with screens of at least 16 mesh. 

Whoever violates the provisions of (Volume 7, 1952 Code of Laws of South Carolina 
under industrial Plants, Page 558, filed with Secretary of State's Office, February 17, 
1944) in reference to water closets in factories, shall be punished by a fine of not less 
than Ten ($10.00) Dollars nor more than Thirty ($30.00) Dollars. 

Section 5. Spitting. — Spitting on the floors and on the walls of any industrial plant 
is unlawful and prohibited. 

Section 6. Threshold Limits. — The following are declared threshold limits for the 
designated toxic materials. 

No person, firm, corporation or other employer shall use or permit to be used in the 
conduct of his business, manufacturing establishment or other place of employment, any 
process, material, or condition known to have an adverse effect on health, unless arrange- 
ments have been made to maintain the occupational environment in such a manner that 
injury to health shall not result. 

Exposure to dust, fumes, mists, vapors, gases or any material that may affect health 
shall be kept below the safe threshold limits. 

GASES AND VAPORS 

Maximum 
Substance Allowable Concentration 

Acetaldehyde 200 p. p.m. 

Acetic acid 10 p. p.m. 

Acetic anhydride 5 p. p.m. 

Acetone 1,000 p.p.m. 

Acrolein O.S p.p.m. 

Acreylonitrile 20 p.p.m. 

Ammonia 100 p.p.m. 

Amyl acetate 200 p.p.m. 

Isoamyl alcohol 100 p.p.m. 

Aniline 5 p.p.m. 

Arsine 0.05 p.p.m. 

Benzene (benzol) 35 p.p.m. 

Bromine 1 p.p.m. 

1, 3-Butadiene 1,000 p.p.m. 

n-Butanol 100 p.p.m. 

2-Butanone 250 p.p.m. 

n-Butyl acetate 200 p.p.m. 

Butyl Cellosolve (2-butoxyethanol) 200 p.p.m. 

Carbon dioxide 5,000 p.p.m. 

Carbon disulfide 20 p.p.m. 

Carbon monoxide 100 p.p.m. 

Carbon tetrachloride 25 p.p.m. 

Cellosolve (2-ethoxyethanol) 200 p.p.m. 

Cellosolve acetate 100 p.p.m. 

Chlorine 1 p.p.m. 

Chlorobenzene 75 p.p.m. 

2-Chlorobutadiene 25 p.p.m. 

Chloroform 100 p.p.m. 

1-ChIoro-l-nitropropane 20 p.p.m, 

Cresol 5 p.p.m. 

Cyclohexane 400 p.p.m. 

Cyclohexanol 100 p.p.m. 

Cyclohexanone 100 p.p.m. 

Cyclohcxene 400 p.p.m. 

Cyclopropane (propene) 400 

1-2 Dibromoethane (ethylene dibromide) 25 

o-Dichlorobenzene 50 

Dichlorodifluoromethane 1,000 p p.m. 

1. 1-Dichloroethane 100 p.p.m. 

1, 2-Dichloroethane (ethylene dichloride) 100 

1 . 2-Dichloroethylene 200 

Dichloroethyl ether 15 

Dichloromethane 500 p.p.m. 

191 



p.p.m. 
p.p.m. 
p.p.m. 



p.p.m. 
p p.m. 
p.p.m. 



CoD^ oif Laws op South Carouna 

Maximum 
Substance Allowable Concentration 

Dichloromonofluoromethane 1,000 p.p.m. 

1, l-Dichloro-l-nitroethane 10 p.p.m. 

1, 2-DichIoropane (propylene dichloride) 75 p.p.m. 

Dichlorotetrafluoroethane 1,000 p.p.m. 

Diethylamine 25 p.p.m. 

Dimethylaniline 5 p.p.m. 

Dimethylsulfate 1 p.p.m. 

Dioxane 100 p.p.m. 

Ethyl acetate 400 p.p.m. 

Ethyl alcohol 1,000 p.p.m. 

Ethylamine 25 p.p.m. 

Ethyl benzene 200 p.p.m. 

Ethyl bromide 200 p.p.m. 

Ethyl chloride 1,000 p.p.m. 

Ethylene chlorohydrin 5 p.p.m. 

Ethylene oxide 100 p.p.m. 

Ethyl ether 400 p.p.m. 

Ethyl formate 100 p.p.m. 

Ethyl silicate 100 p.p.m. 

Fluorine 0.1 p.p.m. 

Fluorotrichloromethane 1,000 p.p.m. 

Formaldehyde 5 p.p.m. 

Gasoline 500 p.p.m. 

Heptane 500 p.p.m. 

Hexane 500 p.p.m. 

Hydrogen chloride 5 p.p.m. 

Hydrogen cyanide 10 p.p.m. 

Hydrogen fluoride 3 p.p.m. 

Hydrogen selenide 0.5 p.p.m. 

Hydrogen sulfide 20 p.p.m. 

Iodine 1 p.p.m. 

Isophorone 25 p.p.m. 

Isopropyl alcohol 400 p.p.m. 

Isopropyl ether 500 p.p.m. 

Mesityl oxide 50 p.p.m. 

Methanol 200 p.p.m. 

Methyl acetate 200 p.p.m. 

Methylal 1,000 p.p.m. 

Methyl bromide 20 p.p.m. 

Methyl butanone 100 p.p.m. 

Methyl Cellosolve (2-methoxyethanol) 25 p.p.m. 

Methyl Cellosolve acetate 25 p.p.m. 

Methyl chloride 100 p.p.m. 

Methylcyclohexane 500 p.p.m. 

Methylcyclohexanol 100 p.p.m. 

Methylcyclohexanone 100 p.p.m. 

Methyl formate 100 p.p.m. 

Methyl iso-butyl ketone 100 p.p.m. 

Naphtha (coal tar) 200 p.p.m. 

Naphtha (petroleum) 500 p.p.m. 

Nickel carbonyl 1 p.p.m. 

Nitrobenzene 1 p.p.m. 

Nitroethane 100 p.p.m. 

Nitrogen oxides (other than N2O) 25 p.p.m. 

Nitroglycerin 0.5 p.p.m. 

Nitromethane 100 p.p.m. 

2-Nitropropane 50 p.p.m. 

Nitrotoluene 5 p.p.m. 

Octane 500 p.p.m. 

Ozone 1 p.p.m. 

Pentane 1,000 p.p.m. 

Pentanone (methyl propanone) 200 p.p.m. 

Phenol 5 p.p.m. 

Phosgene 1 p.p.m. 

Phosphine 0.05 p.p.m. 

192 



Rules and Regui^ations 

Maximum 
Substance Allowable Concentration 

Phosphorus trichloride 0.5 p.p.m. 

Propyl acetate 200 p.p.m. 

Stribine 0.1 p.p.m. 

Stoddard solvent 500 p.p.m. 

Styrene monomer 200 p.p.m. 

Sulfur chloride 1 p.p.m. 

Sufur dioxide 10 p.p.m, 

1,1,2,2-TetrachIoroethane 5 p.p.m. 

Tetrachloroethylene 200 p.p.m. 

Toluene 200 p.p.m. 

Toluidine 5 p.p.m. 

1-1-1 Trichloroethane (Methyl chloroform) 500 p.p.m. 

Trichloroethylene 200 p.p.m. 

Turpentine 100 p.p.m. 

Vinyl chloride 500 p.p.m. 

Xylene 200 p.p.m. 

TOXIC DUSTS, FUMES AND MISTS 

Maximum 

Substance Allowable Concentration 

Antimony 0.5 Mg. Per Cu. M. 

Arsenic 0.5 Mg. Per Cu. M. 

Barium , 0.5 Mg. Per Cu. M. 

Cadmium 0.1 Mg. Per Cu. M. 

Chlorodiphenyl 1 Mg. Per Cu. M. 

Chromic acid and chromates as CrOs 0.1 Mg. Per Cu. M. 

Cyanide as CN . . . ._ 5 Mg. Per Cu. M. 

O, O-Diethyl-O-p-nitrophenyl thiophosphate (parathion) 0.1 Mg. Per Cu. M. 

Dinitrotoluene 1.5 Mg. Per Cu. M. 

o-Dinitrocresol 0.2 Mg. Per Cu. M. 

Fluoride 2.5 Mg. Per Cu. M. 

Iron oxide fume 15 Mg. Per Cu. M. 

Lead . _. ^ 0.15 Mg. Per Cu. M. 

Magnesium oxide fume 15 Mg. Per Cu. M. 

Manganese 6 Mg. Per Cu. M. 

Mercury 0.1 Mg. Per Cu. M. 

Pentachloronaphthalene 0.5 Mg. Per Cu. M. 

Pentachlorophenol 0.5 Mg. Per Cu. M. 

Phosphorus (yellow") 0.1 Mg. Per Cu. M. 

Phosphorus pentachloride 1 Mg. Per Cu. M. 

Phosphorus pentasulfide 1 Mg. Per Cu. M. 

Selenium, as Se 0.1 Mg. Per Cu. M. 

Sulfuric acid 1 Mg. Per Cu. M. 

Tellurium 0.1 Mg. Per Cu. M. 

Tetryl 1.5 Mg. Per Cu. M. 

Trichloronaphthalene 5 Mg. Per Cu. M. 

Trinitrotoluene 1.5 Mg. Per Cu. M. 

Uranium ("soluble compounds) 0.05 Mg. Per Cu. M. 

Uranium (insoluble compounds) 0.25 Mg. Per Cu. M. 

Zinc oxide fume 15 Mg. Per Cu. M. 

MINERAL DUSTS 

Maximum 
Substance Allowable Concentration 

Alumdum 50 MPPCF 

Asbestos 5 MPPCF 

Carborundum 50 MPPCF 

Dust (nuisance, no free silica) 50 MPPCF 

Mica (below 5% free silica) 20 MPPPF 

Portland cement 50 MPPCF 

Talc 20 MPPCF 

Silica 20 MPPCF 

high (above 50<^p free SiO-^ 5 MPPCF 

medium (5 to 50% free SiOa) 20 MPPCF 

low (below 5% free SiO,) 50 MPPCF 

193 



Code; of Laws of South Carolina 

,,,.,..•,, --i.« Maximum 

Substance Allowable Concentration 

Slate (below 5% free SiOa) 50 MPPCF 

Soapstone (below 5% free SiO,) 20 MPPCF 

Total dust (below 5% free SiO,) 50 MPPCF 

Radiation 

Radiation exposure shall not exceed the maximum permissible limits as recommended 
by the National Committee on Radiation Protection and Measurement for occupational 
exposure. 

Note: 

p. p.m. — Parts of substance per million parts of air by volume. 
Mg. Per Cu M. — Milligrams of substance per cubic meter of air. 
MPPCF — Millions of particles of substance per cubic foot of air. 

The maximum allowable concentration for the various substances listed are based on 
an eight-hour daily exposure. Other materials not included in the above list shall be 
kept below injurious concentrations, which will be stipulated depending on the nature of 
the material or the materials. 

Section 7. Carroting — Definitions. — For the purpose of carrying out the provisions 
of this regulation the following terms are defined: 

Hatters' Fur is any animal fiber or other substance used in the manufacture of 
hats, which is treated or otherwise prepared by the process of, or, in a manner similar 
to that of carroting. 

Carroting is the process of treating hatters' fur with mercury^ nitrate or any other 
solution or material for the purpose of rendering the hatters' fur suitable in the manufac- 
ture of hats. 

Mercurial carrot is any solution or material containing mercury or its compounds 
in combination with nitric acid or other materials and used in the carroting or preparation 
of hatters' fur. 

The use of mercurial carrot in the preparation of hatters' fur, or the use of mer- 
curial carroted hatters' fur in the manufacture of hats, is prohibited. 

MIDWIVES. 

(Filed Secretary of State's office March 31, 1960.) 

MIDWIFE CERTIFICATE OF REGISTRATION 

Issued under the laws of the State of South Carolina 

This is to Certify that residing at 

County is duly registered with the local registrar and/or at the 

ofhce of the County Health Department of the County of . — 

This certificate is valid for the calendar year 1960 and must be renewed annually. The 
midwife whose name appears above is subject to the rules and regulations of the South 
Carolina State Board of Health. 

Approved effective November 18, 1959, by order of the 
Executive Committee of the State Board of Health. 

Signed: 

M. D. 

County Health Officer 
Attest: 

JR. N. 

County Nurse 

, Secretary 

Date Issued 

Rules and Regulations Governing Midwives in the State of South Carolina 
I. 

(1) All midwives shall register with the local registrar and/or at the County Health 
Department. 

(2) In each county midwives shall be subject to the supervision and control of the 
county health officer. 

(3) Midwives shall report to the public nurse(s) of their county, or to the county 
health officer whenever requested to do so. 

II. Requirements for Registration. 

(1) In order to secure a Certificate of Registration a midwife shall be able to read 
and write. She shall be able to see well, have average intelligence and be in good general 
health. She shall have an annual physical examination by a licensed medical doctor. She 
must be free from communicable diseases. 

194 



Rule;s and Regulations 

(2) Every midwife shall have a negative test for syphilis or shall be non-infectious. 

(3) Before becoming eligible to register, all new midwives are required to attend a 
prescribed course of instructions of two weeks at an annual State or district midwife 
institute. Upon completion of this course, the certificate to practice is granted at the 
discretion of the health officer and may be withdrawn at his discretion. 

(4) It is required that a midwife attend a two weeks institute every four years. 

III. Regulations. 

(1) A midwife shall notify the County Health Department when she accepts a case 
for delivery. She shall also notify the county health department within twenty-four hours 
after delivery of a case. 

(2) A midwife shall see that any patient whom she accepts for delivery receives 
prenatal care approved by the health department, this care to be given by a licensed 
medical doctor or at an approved clinic. 

(3) A midwife shall go on a case completely equipped with all necessary supplies. 

(4) A midwife shall wash her hands with warm water and soap before attending a 
woman in confinement. 

(5) She shall keep herself, her patient, bed, clothing and all that comes in contact 
with the patient clean. 

(6) She shall not pass her fingers or any instrument into the birth canal or the 
rectum of the woman for the purpose of examination or for any other purpose. 

(7) She shall not give an injection of any kind into the birth canal. 

(8) A midwife shall not give drugs of any kind except under the direction of a li- 
censed medical doctor. 

(9) A midwife shall endeavor to secure a licensed medical doctor if the child is not 
born after twelve hours of labor or if anything goes wrong. 

(10) As soon as the cord is cut, it shall be dressed with a sterile dry dressing. 

(11) Within an hour after the child is born, two drops of 1 per cent solution of nitrate 
of silver from a freshly opened ampule shall be dropped into each aye. 

(12) Every case of "baby's sore eyes" or reddening of the eyelids or any other 
abnormality shall be reported at once to a licensed medical doctor and to the county 
health department. 

(13) A midwife shall not leave one case to go to another or attempt to handle 
two or more deliveries at the same time. 

(14) The midwife shall remain with her patient for a period of not less than two 
hours following delivery. 

(15) Within ten days after each birth she attends, a midwife shall register a certifi- 
cate of birth with the local registrar. 

(16) If a baby is born too soon, or weighs less than 5 1/2 pounds, the midwife shall 
report it to the County Health Department as soon as the baby is born. _ 

(17) No person who has failed to obtain and hold a certificate as set forth above 
shall practice midwifery in this State. 

IV. Penalty. 

Any person violating any of the above rules or regulations shall, upon conviction, be 
punished as provided in Section 32-17, Code of Laws of South Carolina, 1952. (This sec- 
tion provides that any one failing to comply with any of the rules or regulations of the 
Executive Committee of the State Board of Health shall, upon conviction, be fined not 
to exceed $100.00 or imprisoned not to exceed thirty days.) 

MILK AND MILK PRODUCTS. 

(Filed in the office of the Secretary of State April 27, 1956, except as otherwise noted.) 
Section 1. Definitions. — The following definitions shall apply in the interpretation 
and the enforcement of these rules and regulations: 

A. MILK — Milk is hereby defined to be the lacteal secretion, practically free from colo- 
Btrum, obtained by the complete milking of one or more healthy cows, which contains not less 
than 8% percent milk solids-not-fat and not less than 3.8 percent milk fat ; provided, that whole 
milk containing less than 3.8 percent of milk fat, but containing not less than 3.0 percent milk 
fat may be sold as "milk" by producers to pasteurizing plants only, but no pasteurizing plant 
may sell or distribute any bottled or packaged fluid milk labeled as "milk" unless the same shall 
contain not less than 3.8 percent of milk fat. 

A-1. GOAT MILK— Goat milk is the lacteal secretion, practically free from colostrtim, 
obtained by the complete milking of healthy goats. The word "milk" shall be interpreted to 
Include goat milk. 

B. MILKFAT— M»7;fe/of or butterfat, is the fat of milk. 

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Cods oi^ Laws of South Carolina 

B-1. CREAM — Cream is a portion of milk which contains not less than 18 percent milk 
fat. 

B-2. SOUR CREAM — Sour cream is cream the acidity of which is more than 0.20 per- 
cent, expressed as lactic acid. 

B-3. LIGHT CREAM, COFFEE CREAM, OR TABLE CREAU— Light cream, coffee 
cream, or table cream, is cream which contains less than 30 percent milkfat. 

B-4. WHIPPING CREAM — Whipping cream is cream which contains not less than 30 
percent milkfat. 

B-5. LIGHT WHIPPING CRUAM— Light whipping cream is whipping cream which 
contains less than 36 percent milkfat. 

B-6. HEAVY CREAM, OR HEAVY WHIPPING CREAM— Heavy cream, or heavy 
whipping cream, is whipping cream which contains not less than 36 percent milkfat. 

B-7. HALF AND HAhE— Half and Half is a product consisting of a mixture of milk 
and cream which contains not less than 11.5 percent milkfat. 

B-8. RECONSTITUTED, OR RECOMBINED, HALF AND HALF— Recotistituted, 
or recombined, half and half is a product resulting from the combination of water, reconstituted 
milk or reconstituted skim milk with cream or reconstituted cream, which contains not less 
than 11.5 percent milkfat, shall not be sold as such. 

B-9. WHIPPED CREAM — Whipped cream is cream to which a harmless gas has been 
added to cause whipping of the product. It may also contain sugar, other harmless flavoring, 
and a harmless stabilizer. 

C. CONCENTRATED MILK— Concentrated milk is a fluid product, unsterilized and 
unsweetened, resulting from the removal of a considerable portion of the water from milk. 
When recombined with water, in accordance with instructions printed on the container, the 
resulting product conforms with the standards for milkfat and solids-not-fat of milk as defined 
above. 

C-1. CONCENTRATED MILK VRODVdS— Concentrated milk products shall be 
taken to mean and to include homogenized concentrated milk, vitamin D concentrated milk, 
concentrated skim milk, concentrated flavored milk, concentrated flavored drink, and similar 
concentrated products made from concentrated milk and concentrated skim milk, as the case 
may be, and which, when recombined with water in accordance with instructions printed on 
the container, conform with the definitions of the corresponding milk products in this section. 

C-2. DRY MILK — Dry milk is milk from which at least 95 percent of the water has 
been removed. 

D. SKIM MILK — Skim milk is milk from which a sufficient portion of milkfat has been 
removed to reduce its milkfat content to less than 3.8 percent. 

D-1. NONFAT, FAT-FREE OR DEFATTED MlhK— Nonfat, fat-free or defatted milk 
is skim milk which contains not more than 0.1 percent milkfat. 

D-2. SKIM-MILK SOLIDS — Skim-milk solids shall be deemed to include concentrated 
skim milk and nonfat dry-milk solids. 

D-3. NONFAT DRY-MILK SOLIDS— iVon/af dry-milk solids shall mean nonfat milk 
from which at least 95 percent of the water has been removed. 

E. FLAVORED MILK — Flavored milk is a beverage or confection consisting of milk to 
which has been added a syrup or flavor made from wholesome ingredients. 

E-1. FLAVORED DRINK OR FLAVORED DAIRY TtRll^K— Flavored drink, or 
flavored dairy drink, is a beverage or confection consisting of skim milk to which has been 
added a syrup or flavor made from wholesome ingredients. 

E-2. FLAVORED RECONSTITUTED MILK— Flavored reconstituted milk is a flav- 
ored milk made from reconstituted milk. 

E-3. FLAVORED RECONSTITUTED DRINK, OR FLAVORED RECONSTI- 
TUTED DAIRY DRINK — Flavored reconstituted drink, or flavored reconstituted dairy drink, 
is a flavored drink made from reconstituted skim milk. 

F. BUTTERMILK — Buttermilk is a fluid product resulting from the churning of milk 
or cream. It contains not less than 8^ percent milk solids-not-fat. 

F-1. CULTURED BUTTURMILK— Cultured buttermilk is a fluid product resulting from 
the souring or treatment, by a lactic acid or other culture, of pasteurized skim milk or pasteur- 
ized reconstituted skim milk. It contains not less than 8% percent milk solids-not-fat. 

F-2. CULTURED MILK — Cultured milk is a fluid or semifluid product resulting from 
the souring or treatment, by a lactic acid or other culture, of pasteurized milk, pasteurized 
reconstituted milk, or pasteurized concentrated milk. It contains not less than 8j4 percent milk 
solids-not-fat and not less than 3.8 percent milkfat. 

G. VITAMIN D MILK — Vitamin D milk is milk the vitamin D content of which has 
been increased by an approved method to at least 400 U. S. P. units per quart. 

G-1. VITAAUN A AND D SKIM MILK— Vitamin A and D Skim milk is skim milk the 
Vitamin A content of which has been increased by an approved method to at least 1,500 U.S. P. 
units per quart and the Vitamin D content of which has been increased to at least 400 U.S. P. 
units per quart. (This item filed July 24, 1957, and amendment thereto November 27, 1957.) 

196 



Rules and Regulations 

G-2. FORTIFIED MILK AND MILK PRODUCTS— Forfi/i^d Milk and Milk Products 
are those, other than Vitamin D milk and Vitamin A and D skim milk, the vitamin and/or 
mineral content of which has been increased by a method and in an amount approved by the 
health officer, and to which skim milk solids may or may not have been added. The label shall 
contain the word "Fortified" and shall clearly show the amount and source of each vitamin 
and/or mineral added. (This item filed November 27, 1957.) 

H. RECONSTITUTED, OR RECOMBINED, MILK*— Reconstituted or recombined 
milk is a product which results from the recombining of milk constituents with water, arid 
which complies with the standards for milkfat and solids-not-fat of milk as defined herein. 

H-1. RECONSTITUTED, OR RECOMBINED CR^AU*— Reconstituted, or recom- 
bined, cream is a product which results from the combination of dry cream, butter, or milkfat, 
with cream, milk, skim milk, or water, and which complies with the milkfat standards of 
cream as defined herein. 

H-2. RECONSTITUTED, OR RECOMBINED SKIM UILK*— Reconstituted, or re- 
combined, skim milk is a product which results from the recombining of skim-milk constituents 
with water, and which contains not less than S>% percent milk solids-not-fat. 

I. COTTAGE CHEESE — Cottage cheese is the soft uncured cheese prepared from the 
curd obtained by adding harmless, lactic-acid-producing bacteria, with or without enzymatic 
action, to pasteurized skim milk or pasteurized reconstituted skim milk. It contains not more 
than 80 percent moisture. 

I-L CREAMED COTTAGE CHEESE— Creowe^f cottage cheese is the soft uncured 
cheese which is prepared by mixing cottage cheese with pasteurized cream, or with a pasteur- 
ized mixture of cream and milk or skim milk, and which contains not less than 4 percent milk- 
fat by weight and not more than 80 percent moisture. 

J. HOMOGENIZED MILK — Homogenised milk is milk which has been treated in such 
a manner as to insure break-up of the fat globules to such an extent that, after 48 hours of 
quiescent storage, no visible cream separation occurs on the milk, and the fat percentage of 
the top 100 milliliters of milk in a quart bottle, or of proportionate volumes in containers of 
other sizes, does not differ by more than 10 percent of itself from the fat percentage of the 
remaining milk as determined after thorough mixing. The word "milk" shall be interpreted 
to include homogenized milk. 

K. MILK PRODUCTS — Milk products shall be taken to mean and to include cream, 
sour cream, half and half, reconstituted half and half, whipped cream, concentrated milk, con- 
centrated milk products, skim milk, nonfat milk, flavored milk, flavored drink, flavored recon- 
stituted milk, flavored reconstituted drink, buttermilk, cultured buttermilk, cultured milk, 
vitamin D milk, reconstituted or recombined milk, reconstituted cream, reconstituted skim milk, 
cottage cheese, creamed cottage cheese, and any other product made^ by the addition of any 
substance to milk, or to any of these milk products, and used for similar purposes, and desig- 
nated as a milk product bv the health officer. 

L. PASTEURIZATION— The terms "pasteurization," "pasteurised", and similar terms 
shall be taken to refer to the process of heating every particle of milk or milk products to at 
least 14.3°F.. and holding it at such temperature continuously for at least 30 minutes, or to at 
least 161°F.. and holding it at such temperature continuously for at least 15 seconds, in ap- 
proved and properly operated equipment: Provided. That nothing contained in this definition 
shall he construed as barrincr any other process which has been demonstrated to be equally 
efficient and which is annroved bv the State health authnritv. 

M. ADULTERATED AND MTSBRANDED MILK AND MILK PRODUCTS— Any 
milk or cream to which water has been added, or any milk or milk product which contains 
any unwholesome substance, or which if defined in these rules and regulations does not con- 
form with its definition, shall be deemed to be adulterated. Any milk or milk product which 
carries a grade label, unless such grade label has been awarded by the health officer and not 
revoked, or which fails to conform in any other respect with the statement on the label, shall 
be deemed to be mi.<;hrnndrd. 

N. MILK PRODTTCER — A milk pmducer is anv person who owns or controls one or 
more cows, a part or all of the milk or milk products from which is sold, or offered for sale. 

O. MILK DISTRIBUTOR— A milk distributor is anv person who offers for sale or 
sells to another anv milk or milk nrodnrts for human consumption as such. 

0-1. PRODUCER-DISTRIBUTOR— A producer-distributor is a milk producer who is 
also a milk di<;tribntor. 

P. DAIRY. OR DAIRY FARM — A dairy, or dairy farm, is any place or premises where 
one or more cows are kept, a part or all of the milk or milk products from which is sold or 
oflfered for sale. 

P-1. PRODUCER DAIRY- A producer dairy is a dairy farm which sends milk or cream 
to a milk plant for processing. 



♦ Reconstituted or recombined milk, skim-milk or cream as herein defined may not be 
sold or offered for sale as such. 

197 



Code of Laws oe South Carolina 

P-2. MILK HAULER — A milk hauler is any person, other than a milk producer or a 
milk-plant employee, who transports milk and/or milk products to or from a milk plant or a 
collecting point. 

Q. MILK PLANT — A milk plant is any place, premises, or establishment where milk or 
milk products are collected, handled, processed, stored, pasteurized, bottled, or prepared for 
distribution, except an establishment where milk or milk products are sold at retail only. 
Provided, That for the purpose of inspection and grading of "milk" as herein provided, any 
receiving or collecting station shall be considered an integral part of the pasteurizing plant 
at which the milk is finally pasteurized, bottled, packaged and prepared for distribution to 
consumer ; and the grade of milk pasteurized, bottled, packaged and prepared for distribution 
at such plant shall be the same grade as the lowest grade milk received or collected at re- 
ceiving or collecting stations which supply "milk" to such plant. 

R. HEALTH OFFICER— The term "health officer" shall mean the State Health Officer 
and/or county health officer and/or city health officer or his authorized representatives. 

S. AVERAGE BACTERIAL PLATE COUNT, DIRECT MICROSCOPIC COUNT, 
AND COOLING TEMPERATURE — Average bacterial plate count and average direct micro- 
scopic count shall be taken to mean the logarithmic average, and average cooling temperature 
shall be taken to mean the arithmetic average, of the respective test results of the last four 
consecutive samples, taken upon separate days, irrespective of the 6-month period referred to in 
Section 6. 

T. PERSON — The word "person" shall mean any individual, partnership, corporation, 
company, firm, trustee, or association. 

U. AND/OR — Where the "and for" is used, "and" shall apply where possible, otherwise 
"or" shall apply. 

Section 2. The Sale of Adulterated, Misbranded, or Ungraded Milk or Milk Prod- 
ucts Prohibited. No person shall, within the state of South Carolina or its police juris- 
diction, produce, sell, offer or expose for sale, or have in possession with intent to sell, any 
milk or milk product which is adulterated, misbranded, or ungraded. It shall be unlawful for 
any person, elsewhere than in a private home, to have in possession any adulterated, mis- 
branded, or ungraded milk or milk product : Provided, That in an emergency the sale of un- 
graded pasteurized milk or pasteurized milk products may be authorized by the health officer, 
upon the approval of the State health authority, in which case they shall be labeled "ungraded." 

Any adulterated, misbranded, and/or improperly labeled milk or milk products may be 
impounded by the health officer and disposed of in accordance with State law. 

Section 3. Permits. Every milk producer, milk hauler, milk distributor, and opera- 
tor of a milk plant within the State of South Carolina shall secure a permit from the health 
officer. Only a person who complies with the requirements of these rules and regulations shall 
be entitled to receive and retain such a permit. Permits shall not be transferable with respect 
to persons and/or locations. 

Such a permit may be temporarily suspended by the health officer upon violation by the 
holder of any of the terms of these rules and regulations or for interference with the health 
officer in the performance of his duties, or may be revoked after an opportunity for a hearing 
by the health officer upon serious or repeated violations. 

Section 4. Labeling. All bottles, cans, packages, and other containers enclosing 
milk or any milk product defined in Section 1 of these rules and regulations shall be plainly 
labeled or marked with (1) the name of the contents as given in the definition in these rules 
and regulations; (2) the word "constituted" or "recombined" if included in the name of the 
product as given in the definition; (3) the grade of the contents; (4) the word "pasteurized" 
only if the contents have been pasteurized; (5) the word "raw" only if the contents are raw; 
(6) the phrase "for pasteurization" if the contents are to be pasteurized; (7) the name of the 
producer if the contents are raw; and the identity of the plant at which the contents were 
pasteurized if the contents are pasteurized ; (8) in the case of vitamin D milk or milk prod- 
ucts, the designation "Vitamin D," the source of the vitamin D, and the number of U. S. P. 
units per quart; (9) in the case of concentrated milk or milk products, the volume or propor- 
tion of water to be added for recombing; and (10) the words "skim-milk solids added," and 
the percentage added if such solids have been added, except that this requirement shall not 
apply to reconstituted or recombined milk or milk products : Provided, That only the identity 
of the producer dairy shall be required on cans delivered to a milk plant which receives only 
one grade of raw milk for pasteurization, and which immediately dumps, washes, and returns 
the cans to the producer dairy. 

The label, or mark, shall be in letters of an approved size, kind and color, and shall con- 
tain no marks or words which are misleading. 

Homogenized milk or homogenized cream shall not be mixed with milk, skim milk, or 
cream which has not been homogenized, unless the produce is labeled "homogenized" and con- 
forms with the standards for homogenization in Section 1 (J). 

198 



.■ ;•-■ ! . : Rules and Regulations ) 

Section 5. Inspection of Dairy Farms and Milk Plants. Prior to the issuance of a 

permit, and at least once every 6 months thereafter, the heahh officer shall inspect all dairy 
farms and all milk plants whose milk or milk products are intended for consumption within 
the State of South Carolina or its police jurisdiction. If the health officer should discover 
the violation of any requirements, he shall make a second inspection after a lapse of such time 
as he may deem necessary for the defect to be remedied, but not before the lapse of 3 days ; 
and the second inspection shall be used in determining compliance with the requirements of 
Section 7 of these rules and regulations. Any violation of the same requirement of these rules 
and regulations on such reinspection shall call for immediate degrading, suspension of permit, 
and/or court action. 

One copy of the inspection report shall be posted by the health officer in a conspicuous 
place upon an inside wall of the milk house or milk plant, and said inspection report shall 
not be defaced or removed by any person except the health officer. Another copy of the in- 
spection report shall be filed with the records of the health department. 

Every milk producer and distributor shall, upon the request of the health officer, permit 
him access to all parts of the establishment ; and every distributor shall furnish the health 
officer, upon his request, for official use only, a true statement of the actual quantities of milk 
and milk products of each grade purchased and sold, together with a list of all sources 
of such milk and milk products, records of inspections and tests, and pasteurization time and 
temperature records. 

Section 6. The Examination of Milk and Milk Products. During each 6-month 
period at least four samples of milk and cream from each dairy farm, and at least four samples 
of milk, cream, and homogenized milk from each milk plant, shall be taken on separate days 
and examined by the health officer : Provided, That in the case of raw milk for pasteurization, 
the health officer may accept the test results of laboratories which he has checked periodically 
and found satisfactory. Samples of other milk products shall be taken and examined by the 
health officer at least once during each 6-month period. Samples may be taken at any time prior 
to the final delivery of the milk or milk products. Samples of milk and milk products from 
stores, cafes, soda fountains, restaurants, and other places where milk or milk products are 
sold shall be examined as often as the health officer may require. All proprietors of such 
places shall furnish the health officer, upon his request, with the names of all distributors 
from whom their milk and milk products are obtained. Bacterial plate counts, direct microscopic 
counts, coliform determinations, phosphatase tests, efficiency of bactericidal treatment, and 
other laboratory and screening tests shall conform to the procedures in the latest edition 
of "Standard Methods for the Examination of Dairy Products" recommended by the American 
Public Health Association. Examinations may include such other chemical and physical 
determinations as the health officer may deem necessary for the detection of adulteration. 
Bio-assays of the vitamin D content of vitamin D milk and milk products shall be made 
when required by the health officer in a laboratory approved by him for such examinations. 

Whenever the average bacterial count or the average cooling temperature of the last 
four consecutive samples, taken on separate days, is beyond the limit for the grade then 
held, the health officer shall send written notice thereof to the person concerned, and shall 
take an additional sample, but not before the lapse of 3 days, for determining a new average 
in accordance with Section 1 (S). Violation of the grade requirements by the new average, 
or by any sub<;equent average during the remainder of the current 6-month period, shall 
call for immediate degrading. su«;r>pnsion of permit, and/or court action, unless the last in- 
dividual result is within the grade limit. 

Whenever more than one of the last four consecutive coliform counts of samples taken 
on separate day are beyond the limit for the grade then held, the health officer shall send 
written notice thereof to the person concerned. He shall then take an additional sample, hut 
not before the lapse of 3 days. Immediate degradine. suspension of permit, and /or court action 
shall he called for when the grade limit is violated hv such additional samples, or when the 
grade limit is acain violated durine the remainder of the current 6-month period by more than 
one of the last four consecutive samples, unless the last individual result is within the grade limit. 

In case of violation of the phosphatase-test requirements, the probable cause shall be 
determined and corrected before milk or milk products from the plant concerned again can be 
sold as pasteurized milk or milk products. 

Section 7. The Grading of Milk and Milk Products. (At least once every 6 months, 
the health officer shall announce the grades of all milk and milk products delivered by all 
distributors and ultimately consumed within the State of South Carolina or its police juris- 
diction.'^ 

Grades shall be based on the following standards, the grading of milk products being 
Identical with the grading of milk, except that the bacterial-count standards shall be doubled 
In the case of cream and half and half, and shall be omitted in the case of sour cream, 
buttermilk, cultured buttermilk, cultured milk, cottage cheese, and creamed cottage cheese. 
Vitamin D milk shall be only of Grade A pasteurized, grade B pasteurized, or certified 

199 



Cods op Laws of South Carolina 

pasteurized quality. The grade of a milk product shall be that of the lowest grade of milk or 
milk product used in its preparation. 

CERTIFIED UlLK-RAW— Certified milk-raw is raw milk which conforms with the 
latest requirements of the American Association of Medical Milk Commissions in force at 
the time of adoption of these rules and regulations, and which is produced under the super- 
vision of a medical milk commission reporting monthly to the health oflScer, and of the 
State health authority or the municipal or county health authority. 

GRADE A RAW MILK — Grade A raw milk is raw milk produced upon dairy farms 
conforming with all of the following items of sanitation. The bacterial plate count or the 
direct microscopic clump count of the milk shall not exceed 50,000 per milliliter, as determined 
in accordance with Section 6. 

GRADE A RAW MILK FOR PASTEURIZATION— Grorf? A raw milk for pasteurisa- 
tion is raw milk from producer dairies conforming with the following items of sanitation, 
except Item 24r (Bottling and Capping), Item 25r (Personnel-Health), and such portions of 
other items as are indicated therein. The bacterial plate count or the direct microscopic clump 
count of the milk, as delivered from the farm, shall not exceed 200,000 per milliliter, as 
determined in accordance with Section 6. 

(Item Ir. as amended filed February 8, 1960.) 

Item Ir. COWS — HEALTH — All milk and/or milk products offered for sale and/or 
having in possession for sale within the State of South Carolina shall be from cows 
and/or goats free from tuberculosis and/or brucellosis. 

All cows and/or goats shall be tested for tuberculosis and/or brucellosis every twelve 
(12) months. 

All additions to the herd shall be free from tuberculosis and/or brucellosis. 

Said tests and retests shall be made and any reactors disposed of in accordance with 
the latest requirements approved by the United States Department of Agriculture, for 
tuberculosis and/or brucellosis free cows and/or goats, in effect at the time of the adoption 
of this rule and regulation. 

A certificate identifying each animal signed by the veterinarian and the director of the 
laboratory making the test, and filed as directed by the health officer shall be evidence of 
the above test. 

Cows which show a complete induration of one quarter or extensive induration in one or 
more quarters of the udder upon physical examination, whether secreting abnormal milk 
or not, shall be permanently excluded from the milking herd : Provided, That this shall not 
apply in the case of a quarter that is completely dry. Cows giving bloody, stringy, or otherwise 
abnormal milk, but without entire or extensive induration of the udder, shall be excluded from 
the herd until re-examination shows that the milk has become normal. 

For other diseases, such tests and examinations as the health officer may require after 
consultation with State livestock sanitary officials shall be made at intervals and by methods 
prescribed by him, and any diseased animals or reactors shall be disposed of as he may 
require. 

Item 2. MILKING BARN— LIGHTING— A milking barn, stable, or parlor shall be 
provided. It shall be provided with adequate light, properly distributed, for both day and 
night milking. 

Item 3r. MILKING BARN— AIR SPACE AND VENTILATION— Such sections of 
the milking bam, stable or parlor, where cows are kept or milked, shall be well ventilated, 
and shall be so arranged as to avoid overcrowding. 

Item 4r. MILKING BARN— FLOORS— ANIMALS— The floors and gutters of that 
portion of the barn, stable, or parlor, in which cows are milked, shall be constructed of concrete, 
or other approved, impervious, and easily-cleaned material. Floors and gutters shall be 
graded so as to drain properly, and shall be kept clean and in good repair. No swine or 
fowl shall be permitted in the milking barn, stable, or parlor. If horses, dry cows, :alves, 
or bulls should be stabled therein, they shall be confined in stalls, stanchions, or pens, 
which shall be kept clean and in good repair. 

Item 5r. MILKING BARN— WALLS AND CEILINGS— The interior walls and the 
ceilings of the milking barn, stable, or parlor shall be white-washed or painted as often as 
may be necessary, or finished in an approved manner, and shall be kept clean and in good 
repair. Where there is a second story above the milking barn, stable, or parlor, the ceiling shall 
be tight. If feed should be ground or mixed, or sweet feed should be stored, in a feed room 
or feed-storage space which adjoins the milking space, it shall be separated therefrom by a 
dust-tight partition and door. 

Item 6r. COW YARD — The cow yard shall be graded and drained as well as is prac- 
ticable, and shall be so kept that there are no standing pools of water nor accumulations of 
organic wastes : Provided, That in loafing and/or cattle-housing areas, manure droppings shall 

200 



RuLBS AND Regulations 

be removed, or clean bedding added, at sufficiently frequent intervals to prevent the accumulation 
of manure on cows' udders and flanks. Swine shall be kept out. 

Item 7r. MANURE DISPOSAL — ^All manure shall be removed and stored or disposed 
of in such manner as best to prevent the breeding of flies therein and the access of cows to 
piles thereof. 

Item 8r. MILK HOUSE OR ROOM— CONSTRUCTION AND EQUIPMENT— 
There shall be provided a milk house or milk room, in which the cooling, handling, and 
storing of milk and milk products, and the washing, bactericidal treatment, and storing of 
milk containers and utensils, shall be done, (a) The milk house or room shall be provided 
with a smooth floor, constructed of concrete or other impervious material, maintained in good 
repair, and graded to provided proper drainage, (b) It shall have walls and ceilings of such 
construction as to permit easy cleaning, and shall be well painted, or finished in an approved 
manner, (c) It shall be well lighted and well ventilated, (d) It shall have all openings 
effectively screened, including outward-opening self-closing door, unless other effective means 
are provided to prevent the entrance of flies, (e) It shall be used for no purposes other than 
those specified above, except as may be approved by the health officer ; it shall not open 
directly into a milking barn or stable, nor into any room used for domestic purposes; if the 
milk will be consumed raw, have water piped into it and it shall be provided with adequate 
facilities for heating water to clean utensils; and it shall be equipped with 2-compartment, 
stationary, wash and rinse vats except that in the case of retail raw milk, if chemicals are 
employed as the principal bactericidal treatment, the 3-compartment type must be used, and 
shall, unless the milk is to be pasteurized, be partitioned to separate the handling of milk 
and the storage of cleaned utensils from the cleaning and other oprations, which shall be 
so located and conducted as to prevent any contamination of the milk or of cleaned equipment. 
Section 13 shall be posted in the milk house. 

Item 9r. MILK HOUSE OR ROOM— CLEANLINESS AND FLIES— The floor, walls, 
ceilings and equipment of the milk house or room shall be kept clean at all times. All necessary 
means for the elimination of flies shall be used. 

Item lOr. TOILET — Every dairy farm shall be provided with one or more sanitary 
toilets, conveniently located, and properly constructed, operated, and maintained, so that 
the waste is inaccessible to flies, and does not pollute the surface soil nor contaminate any 
water supply. 

Item llr. WATER SUPPLY — Water for all dairy purposes shall be from a supply 
properly located, protected, and operated, and shall be easily accessible, adequate, and of a safe, 
sanitary quality. 

Item 12r. UTENSILS— CONSTRUCTION— All multi-use containers, equipment, and 
other utensils used in the handling, storage, or transportation of milk or milk products shall 
be made of smooth, non-absorbent, non-corrodible, non-toxic materials, shall be so constructed 
as to be easily cleaned, and shall be kept in good repair. Joints and seams shall be welded 
or soldered flush. Woven-wire cloth shall not be used for straining milk. When milk is 
strained, strainer pads shall be used and shall not be re-used. All milk pails obtained hereafter 
shall be of the seamless, hooded type. All single-service articles used shall have been manu- 
factured, packaged, transported, and handled in a sanitary manner. 

Item 13r. UTENSILS— CLEANING — All muhi-use containers, equipment and other 
utensils used in the handling, storage, or transportation of milk and milk products shall be 
thoroughly cleaned after each usage. 

Item 14r. UTENSILS— BACTERICIDAL TREATMENT— All multi-use containers, 
equipment and other utensils used in the handling, storage, or transportation of milk or milk 
products shall, before each usage, be subjected effectively to an approved bactericidal process 
utilizing steam, hot water, chemicals, or hot air. 

Item 15r. UTENSILS— STORAGE— All containers and other utensils^ used in the 
handling, storage, or transportation of milk or milk products, unless stored in bactericidal 
solutions, shall be stored so as to drain dry, and so as not to become contaminated before 
being used. 

Item 16r. UTENSILS— HANDLING — After bactericidal treatment, containers and other 
milk and milk-product utensils shall be handled in such a manner as to prevent contamination 
of any surface with which milk or milk products come into contact. 

Item 17r. MILKING— UDDERS AND TEATS— ABNORMAL MILK- Milking shall 
be done in the milking barn, stable, or parlor. The udders and teats of all milking cows 
shall be clean and wiped with an approved bactericidal solution at the time of milking. 
Abnormal milk shall be kept out of the milk supply, and shall be so handled and disposed of as 
to preclude the infection of the cows and the contamination of milk utensils. 

Item 18r. MILKING— FLANKS— The flanks, bellies, and tails of all milking cows shall 
be free from visible dirt at the time of milking. All brushing shall be completed before milking 
commences. 

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Code of Laws of South Carolina 

Item 19r. MILKERS' HANDS — Milkers' hands shall be washed clean, rinsed with an 
effective bactericidal solution, and dried with a clean towel, immediately before milking and 
immediately after any interruption in the milking operation. Wet-hand milking is prohibited. 
Convenient facilities shall be provided for the washing of milkers' hands. No person with 
an infected cut or lesion on hands or arms shall milk cows, or handle milk or milk utensils. 

Item 20r. CLEAN CLOTHING — Milkers and milk handlers shall wear clean outer 
garments while milking or handling milk, milk products, containers, utensils, or equipment 

Item 21r. MILK STOOLS — Milk stools and surcingles shall be kept clean. 

Item 22r. REMOVAL OF MILK — Each pail or can of milk shall be removed immediately 
to the milk house or straining room. No milk shall be strained or poured in the barn unless 
it is protected from flies and other contamination. 

Item 23r. COOLING — Milk and milk products not for pasteurization shall be cooled 
immediately after completion of milking, to 50° F. or less, and shall be maintained at that 
temperature until delivery, as determined in accordance with Section 6. Milk for pasteurization, 
unless delivered to a milk plant or receiving station within 2 hours after completion of milking, 
shall be cooled immediately to 50° F. or less and shall be maintained at that temperature as 
determined in accordance with Section 6, until delivered. 

Item 24r. BOTTLING AND CAPPING— Milk and milk products not for pasteurization 
shall be bottled on the farm where produced. Bottling and capping shall be done in a sanitary 
manner by means of approved equipment, and these operations shall be integral in one machine. 
Caps or cap stock shall be purchased in sanitary containers, and shall be kept therein in a 
clean, dry place until used. 

Item 25r. PERSONNEL— HEALTH— The health officer, or a physician authorized by 
him, shall examine and take a careful morbidity history of every person connected with a 
producer-distributor dairy, or about to be employed by one, whose work brings him into 
contact with the production, handling, storage, or transportation of milk, milk products, con- 
tainers or equipment. If such examination or history should suggest that such person may 
be a carrier of, or be infected with, the organisms of typlioid or para-typhoid fever or any 
other communicable disease likely to be transmitted through milk, he shall obtain appropriate 
specimens of body discharges and cause them to be examined in a laboratory approved by 
him or by the State health authorities for such examination, and if the results justify, such 
person shall be barred from such employment. 

Such persons shall furnish such information, submit, to such physical examinations, and 
submit such laboratory specimens as the health officer may require for the purpose of deter- 
mining freedom from infection. 

No person with an infected cut or lesion on hands or arms shall handle milk, milk products, 
milk containers, or milk equipment. 

Item 26r. VEHICLES AND SURROUNDINGS— All vehicles used for the transporta- 
tion of milk or milk products shall be constructed and operated so as to protect their contents 
from the sun, from freezing, and from contamination. All vehicles used for the distribution of 
milk and milk products shall have the distributor's name prominently displayed thereon. The 
immediate surroundings of the dairy shall be kept in a clean, neat condition. 

GRADE B RAW UlhK— Grade B rmv »iilk is raw milk which does not meet the 
bacterial standard for Grade A raw milk, but which conforms with all other requirements, and 
the bacterial plate count or the direct microscopic clump count of which does not exceed 200.000 
per milliliter, as determined in accordance with Section 6. 

GRADE B RAW MILK FOR PASTEURIZATION— f;r<irf<' B ratv milk for pasteurisa- 
tion is raw milk which does not meet the bacterial standard for grate A raw milk for pasteuri- 
zation, but which conforms with all other requirements. The bacterial plate count or the 
direct microscopic clump count of the milk, as delivered from the farm, shall not exceed 
1,000.000 per milliliter, as determined in accordance with Section 6. 

GRADE C RAW IMhK— Grade C rate milk is raw milk which violates any of the 
requirements for grade B raw milk. To be used for manufacturing purposes onlv. 

GRADE C RAW MILK FOR PASTEURI7.ATTON— Crarfr C raTv milk for pasfeuri- 
sation is raw milk which does not meet the requirements for grade B raw milk for pasteuriza- 
tion. T 1 he used for manufacturing purpo«es onlv. 

CERTIFIED lULK-PASTEV^lZET)— Certified milk-pasteurised is certified milk-raw 
which has been pasteurized, cooled, and bottled in a milk plant which conforms with the 
requirements for prate A pasteurized milk. 

GRADE A PASTEURIZED WW^K— Grade A pasteurised milk is grade A raw milk 
for pasteurization which has been pasteurized, cooled, and placed in the final container in a 
milk plant which conforms with the items of sanitation described below. In all cases the milk 
shall shov^r efficient pasteurization as evidenced by sati'^fnctnry phosphatase te-^t, and at no 
time after pasteurization and before delivery shall the milk have a bacterial plate count ex- 
ceeding 30,000 per milliliter, or a coliform count exceeding 10 per milliliter, as determined in 
accordance with Section 6: Provided, That the raw milk at no time between dumping and 

202 



Rules and Regulations 

pasteurization, shall have a bacterial plate count or direct microscopic clump count exceeding 
40U,UUU per milliliter. 

The grading of a pasteurized-milk supply shall include the inspection of receiving and 
coUectuig iiatiuns with respect to compliance with Items Ip to 15p, inclusive, and 17p, lyp, 21p, 
22p, and 23p, except that the partitioning requirement of Item 5p shall nut apply. 

Item Ip. FLOORS — The floors of all rooms in which milk or milk products are handled 
or stored, or in which milk utensils are washed, shall be constructed of concrete or other 
equally-impervious and easily-cleaned material, and shall be smooth, properly drained, provided 
witii trapped drains, and kept clean and m good repair. 

Item 2p. WALLS AND CEILINGS — Walls and ceilings of rooms in which milk or 
milk pruducts are handled or stored, or in which milk utensils are washed, shall have a smooth, 
washable, light-colored surface, and shall be kept clean and in good repair. 

item 3p. DOORS AND WINDOWS — Unless other effective means are provided to 
prevent the access of tlies, all openings to the outer air shall be effectively screened, and all 
doors shall be self-closing. 

Item 4p. LIGHTING AND VENTILATION— All rooms shall be well lighted and well 
ventilated. 

item 5p. MISCELLANEOUS PROTECTION FROM CONTAMINATION— The va- 
rious imlk-plant operations shall be located and conducted so as to prevent any cuntamination 
of the milk, or oi cleaned equipment. All neccbsary means shall be used for the elimination of 
flies, other insects, and rodents. There shall be separate rooms for (.a) the pasteurizing, process- 
ing, cooling, and bottling operations, and (,b> tlie washing and bactericidal treatment of con- 
tainers. Cans ol raw milk shall not be unloaded directly into the pasteurizing room. Rooms in 
which milk, milk products, cleaned utensils, or containers are handled or stored shall not 
open directly into any stable or living quarters. The pasteurization plant, milk containers, 
utensils, and equipment shall be used for no purposes other than processing of milk and milk 
products and the operations incident thereto, except as may be approved by the health officer. 

Item 6p. TOILET FACILITIES— Every milk plant shall be provided with toilet facili- 
ties conforming with the rules and regulations of the South Carolina State Board of Health. 
Toilet rooms shall not open directly into any room in which milk, milk products, equipment, 
or containers are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet 
rooms shall be kept in a clean condition, in good repair, and well ventilated. A placard on 
which Section 13 is printed, and a sign directing employees to wash their hands before re- 
turning to work, shall be posted in all toilet rooms used by employees. Where privies or earth 
closets are permitted and used they shall be separate from the building, and shall be of a 
sanitary type, located, constructed, and operated in conformity with the requirements of Item 
lOr. 

Item 7p. WATER SUPPLY— The water supply shall be easily accessible, adequate, and 

oi a safe, sanitary quality. 

Item 8p. HAND-WASHING FACILITIES— Convenient handwashing facilities shall be 
provided, including hot and cold running water, soap, and approved sanitary towels. Hand- 
washing tacilities shall be kept clean. The use of a common towel is prohibited. No employee 
shall resume work after using the toilet room without having washed his hands. 

Item 9p. SANITARY PIPING — All piping used to conduct milk or milk products shall 
be "sanitary milk piping" of a type which can be easily cleaned. Pasteurized milk and milk 
products shall be conducted from one piece of equipment to another only through sanitary milk 
piping. 

Item lOp. CONSTRUCTION AND REPAIR OF CONTAINERS AND EQUIP- 
MENT — All multi-use containers and equipment with which milk or milk products come 
iiilu contact shall be of smooth, impervious, non-corrodible, non-toxic material ; shall be so 
constructed and so located as to be easily cleaned; and shall be kept in good repair. All single- 
service containers, closures, gaskets, and other articles used shall have been manufactured, 
packaged, transported, and handled in a sanitary manner. 

Item Up. DISPOSAL OF WASTES— All wastes shall be properly disposed of. All 
plumbing and equipment shall be so designed and so installed as to prevent contamination of 
milk cquipuiem by back-tluw. 

Item 12p. CLEANING AND BACTERICIDAL TREATMENT OF CONTAINERS 
AND EQUIPMENT — All milk and milk product containers and equipment, except single- 
service containers, shall be thoroughly cleaned after each usage. All such containers shall be 
subjected effectively to an approved bactericidal process after each cleaning, and all equip- 
ment immediately before each usage. When empty, and before being returned to a producer by 
a milk iilant each container shall be thoroughly cleaned and subjected to an effective, ap- 
proved, bactericidal process. 

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CoDi: OF Laws of South CaroIvIna 

Item 13p. STORAGE OF CONTAINERS AND EQUIPMENT— After bactericidal 
treatment, all bottles, cans and other multi-use milk or milk-product containers and equipment 
shall be transported and stored in such a manner as to be protected from contamination. 

Item 14p. HANDLING OF CONTAINERS AND EQUIPMENT— Between bacteri- 
cidal treatment and usage, and during usage, containers and equipment shall not be handled 
or operated in such a manner as to permit contamination of the milk. Pasteurized milk or 
milk products shall not be permitted to come into contact with equipment with which unpas- 
teurized milk or milk products have been in contact, unless the equipment has first been 
thoroughly cleaned and effectively subjected to an approved bactericidal process. No milk or 
milk products shall be permitted to come into contact with equipment with which ungraded 
or a lower grade of milk or milk products has been in contact, unless the equipment has first 
been thoroughly cleaned and effectively subjected to an approved bactericidal process. 

Item 15p. STORAGE OF CAPS, PARCHMENT PAPER, AND SINGLE-SERV- 
ICE CONTAINERS — Milk bottle caps or cap stock, parchment paper for milk cans, single- 
service containers, and gaskets shall be purchased and stored only in sanitary tubes, wrap- 
pings or cartons ; shall be kept therein in a clean, dry place until used ; and shall be handled 
in a sanitary manner. 

Item 16p. PASTEURIZATION — Pasteurization shall be performed as described in Sec- 
tion I (L) of these rules and regulations. 

Item 17p. COOLING — All milk and milk products received for pasteurization shall be 
cooled immediately in approved equipment to 50 °F. or less, and shall be maintained at that 
temperature until pasteurized, unless they are to be pasteurized within 2 hours after receipt; 
and all pasteurized milk and milk products, except those to be cultured, shall be cooled im- 
mediately in approved equipment to a temperature of 50° F. or less, and shall be maintained 
thereat until delivery, as determined in accordance with Section 6. 

Item 18p. BOTTLING AND PACKAGING— Bottling and packaging of milk and 
milk products shall be done at the place of pasteurization in approved mechanical equipment 

Item 19p. OVERFLOW MILK — Overflow milk or milk products shall not be sold for 
human consumption. 

Item 20p. CAPPING — Capping of milk and milk products shall be done in a sanitary 
manner by approved mechanical equipment. Handcapping is prohibited. The cap, or cover, 
shall protect the pouring lip to at least its largest diameter. 

Item 21p. PERSONNEL— HEALTH— The health officer, or a physician authorized by 
him, shall examine and take a careful morbidity history of each person connected with a pas- 
teurization plant, or about to be employed by one, whose work will bring him into contact 
with the processing, handling, storage, or transportation of milk, milk products, containers, 
or equipment. If such examination or history should suggest that such person may be a carrier 
of, or infected with, the organisms of typhoid or paratyphoid fever, or any other communicable 
disease likely to be transmitted through milk, he shall secure appropriate specimens of body 
discharges and cause them to be examined in a laboratory approved by him or by the State 
health authorities for such examinations, and, if the results justify, such persons shall be 
barred from such employment. 

Such persons shall furnish such information, submit to such physical examinations, and 
submit such laboratory specimens as the health officer may require for the purpose of de- 
termining freedom from infection. 

No person with an infected cut or lesion or hands or arms shall handle milk, milk prod- 
ucts, milk containers, or milk equipment. 

Item 22p. PERSONNEL— CLEANLINESS— All persons who come into contact with 
milk, milk products, containers, or equipment, shall wear clean outer garments, and shall keep 
their hands clean at all times while engaged in such work. 

Item 23p. VEHICLES — All vehicles used for the transportation of milk or milk prod- 
ucts shall be constructed and operated so as to protect their contents from the sun, from freez- 
ing, and from contamination. All vehicles used for the distribution of milk or milk product! 
shall have the name of the distributor prominently displayed thereon. 

Milk tank-cars and tank-trucks shall comply with the construction, cleaning, bactericidal 
treatment, storage, and handling requirements of Items 5p, lOp, 12p, 13p, and 14p. While con- 
taining milk, cream, or milk products, they shall be sealed and labeled in an approved manner. 
For each tank shipment, a bill of lading containing all necessary information shall be pre- 
pared in triplicate, and shall be kept on file by the shipper, the consignee, and the carrier for 
a period of six months for the information of the health officer. 

GRADE B PASTEURIZED MlhK— Grade B pasteurised milk is pasteurized milk which 
does not meet the bacterial count standard for grade A pasteurized milk, and/or the provision 
of lip-cover caps of Item 20p, and/or the requirement that grade A raw milk for pasteuriza- 
tion be used, but which conforms with all other requirements for grade A pasteurized milk, 
and has been made from raw milk for pasteurization of not less than grade B quality, and has 

204 



Ruizes and RjeguIvATions 

a bacterial plate count after pasteurization and before delivery not exceeding 50,000 per mill- 
iliter as determined in accordance with Section 6. 

GRADE C PASTEURIZED UihK— Grade C pasteurised milk is pasteurized milk which 
does not meet the requirements for grade B pasteurized milk. 

Section 8. Grades of milk and milk products which may be sold. From and after 
the date on which these rules and regulations take effect, no milk or milk products shall be sold 
to the final consumer, or to restaurants, soda fountains, grocery stores, or similar establishments, 
except certified pasteurized and grade A pasteurized, grade B pasteurized, grade A raw, and 
certified raw : Provided, That when any milk distributor fails to qualify for one of the above 
grades, the health officer is authorized to suspend his permit, and/or to institute court action 
(or, in lieu thereof, to degrade his product and to permit its sale during a temporary period 
not exceeding 30 days, or in emergencies such longer periods as he may deem necessary.) 

Section 9. Reinstatement of permit (supplementary regrading). (If, at any time be- 
tween regular announcements of the grades of milk or milk products, a lower grade shall 
become justified, in accordance with Section 5, 6, or 7 of these rules and regulations, the 
health officer shall immediately lower the grade of such milk or milk products, and shall en- 
force proper labeling thereof.) 

Any producer or distributor of milk or milk products (the grade of which has been 
lowered by the health officer, and who is properly labeling his milk and milk products, or) 
whose permit has been suspended at any time may make application for (the regrading of his 
products or) the reinstatement of his permit. 

Upon receipt of a satisfactory application for (regrading or) reinstatement of permit 
based on correction of a violation of any bacteriological or cooling-temperature standard, the 
health officer shall take further samples at the rate of not more than two per week, and shall 
approve the application upon compliance with the grade requirements as determined in ac- 
cordance with Section 6: Provided, That if samples are not available because of suspension of 
permit to operate, or for other reasons, the health officer may issue a temporary permit upon 
satisfying himself, by inspection of the facilities and the operating methods, that the condi- 
tions responsible for the violation have been corrected, with final reinstatement of permit 
conditional upon subsequent bacteriological or temperature findings. 

In case (the lowered grade of the applicant's product or) the permit suspension had been 
due to a violation of an item other than bacteriological standards or cooling temperature, the 
said application must be accompanied by a statement, signed by the applicant, to the eflfect 
that the violated item of the specifications has been corrected. Within one week of the 
receipt of such an application and statement, the health officer shall make a reinspection of 
the applicant's establishment, and thereafter as many additional reinspections as he may deem 
necessary, to assure himself that the applicant is again complying with the (higher-grade) 
requirements, and, in case the findings justify, shall (regrade the milk or milk products up- 
ward or) reinstate the permit. 

Section 10. Transferring or dipping milk: delivery containers: cooling: quarantined 
residences. Except as permitted in this section, no milk producer or distributor shall trans- 
fer milk or milk products from one container to another on the street, or in any vehicle or 
store, or in any place except a bottling or milk room especially used for that purpose. The 
sale of dip milk is hereby prohibited. Milk and fluid-milk products sold in the distributor's 
containers in quantities of one gallon or less shall be delivered in standard milk bottles or 
in single-service containers. It shall be unlawful for hotels, soda fountains, restaurants, groceries, 
and similar establishments to sell or serve any milk or fluid-milk products except in the in- 
dividual, original container in which it was received from the distributor, or from a bulk con- 
tainer equipped with an approved dispensing device: Provided, That this requirement shall not 
apply to cream, whipped cream, or half and half which is consumed on the premises, and 
which may be served from the original bottle or from a dispenser approved for such service, nor 
to milk served at hospitals and institutions, which may be served from 1-quart containers 
packaged at a milk plant, nor to mixed milk drinks requiring less than J4 pint of milk, which 
may be poured from 1-quart or 2-quart containers packaged at a milk plant. 

It shall be unlawful for any hotel, soda fountain, restaurant, grocery, hospital, or similar 
establishment to sell or serve any milk or milk product which has not been maintained, while 
in its possession, at a temperature of 50° F. or less. If containers of milk or milk products are 
stored in water for cooling, the pouring lips of the containers shall not be submerged. 

It shall be the duty of all persons to whom milk or milk products are delivered to clean 
thoroughly the containers in which such milk or milk products are delivered before returning 
such containers. 

The delivery of milk or milk products to, and the collection of milk or milk-product con- 
tainers from, residences in which cases of communicable disease transmissible through millt 
supplies exist, shall be subject to the special requirements of the health officer. 

Section 11. Milk and milk products from points beyond the limits of routine in- 
spection. Milk and milk products from point= beyond the limits of routine inspection of the 
State of South Carolina may not be sold in the State of South Carolina or its police juris- 

205 ^°'"°*^ '' 



Cods 0? Laws o? South Carolina 

diction, unless produced and/or pasteurized under provisions which are substantially equiva- 
lent to tlie requirements of these rules and regulations, and which are enforced with equal 
effectiveness, as determuied by a milk-sanitation ratmg. 

Section 12. Future dairies and milk plants. All dairies and milk plants from which 
milk or milk products are supplied to the tjlate of South Carolina which are hereafter con- 
structed, reconstructed, or extensively altered, shall conform in their construction to the grade 
A requirements of these rules and regulations, i^ruperly-prepared plans for all dairies and 
milk plants, which are hereafter constructed, reconstructed, or extensively altered, shall be 
submitted to the health othcer for approval before work is begun. In the case of milk plants, 
signed approval shall be obtained from the health officer and/or the State health authority. 

Section 13. Notification of Disease. No person with any disease in a communicable 
form, or who is a earner of such disease, shall work at any dairy farm or milk plant in any 
capacity which brings him into contact with the production, handling, storage, or transportation 
of milk, milk products, containers, or equipment; and no dairy farm or milk plant shall em- 
ploy in any such capacity any such person, or any person suspected of having any disease in 
a communicable form, or of being a carrier of such disease. Any producer or distributor of 
milk or milk products upon whose dairy farm, or in whose milk plant, any communicable 
disease occurs, or who suspects that any employee has contracted any disease in a communicable 
form or has become a carrier of such disease, shall notify the health officer immediately. 

Section 14. Procedure when infection is suspected. When reasonable cause exists to 
suspect the possibility of transmission of infection from any person concerned with the handling 
of milk or milk products, the health officer is authorized to require any or all of the following 
measures: (1) the immediate exclusion of that person from milk handling; (2) the immediate 
exclusion of the milk supply concerned from distribution and use; and (3) adequate medical 
and bacteriological examination of the person, or his associates, and of his and their body 
discharges. 

Section 15. Enforcement interpretation. These rules and regulations shall be en- 
forced by the health officer in accordance with the interpretations thereof contained in milk 
ordinance and code — 1953 recommendations of the public health service, a certified copy of 
which is filed in the office of the Secretary of State. 

Section 16. Penalty. Violation of these rules and regulations shall be punishable io 
accordance with Section 32-17, Code of Laws of South Carolina, 1952, by fine not exceeding 
$100.00 or imprisonment not exceeding 30 days ; and each day of continued violation shall b« 
a separate offense. 

Section 17. Repeal. All rules and regulations and parts of rules and regulations in 
conflict with these rules and regulations are hereby repealed. 

Section 18. Saving clause. Should any section, paragraph, sentence, clause, or phrase 
of these rules and regulations be declared unconstitutional or invalid for any reason, the re- 
mainder of said rules and regulations shall not be affected thereby. 

NURSING HOMES AND INSTITUTIONAL NURSING HOMES, LICENSING. 

Pursuant to § 32-792, S. C. Code of 1952. 

(Filed in the Office of the Secretary of State November 3, 1959.) 

Copy of "Minimum Standards for Licensing in South Carolina Nursing Homes and 

Institutional Nursing Infirmaries" filed in the office of the Secretary of State. Those 

interested should refer to same. 

ORAL PRESCRIPTION. 

Pursuant to § 32-1488, S. C. Code of 1952 
(Filed in the office of the Secretary of State October 13, 1955.) 

An apothecary, in good faith, may sell and dispense the narcotic drugs and compounds listed 
in paragraphs (a), (b), (c), (d), (e), (f), (g), (h) and (i) listed below on the oral pre- 
scription of a medical physician, dentist or veterinarian, such oral prescription may be given 
by word of mouth, telephone, or other means of communication by the prescribes 

The apothecary must immediately reduce the prescription to writing, the said prescription 
to bear the name and address and registry number of the prescriber, name, address and reg- 
istry number of the dispenser, name and address of the patient, the kind and quantity of the 
narcotic drug or compound and other ingredients, adequate directions for use, the date pre- 
scribed and date dispensed. The dispenser shall write his name on the face of the prescription. 

Oral prescriptions which have been reduced to writing shall be filed on a separate file 
from other narcotic prescriptions, in order to be easily accessible to agents charged with the 
enforcement of the Act. The prescription may not be refilled. 

Narcotic drugs and compounds which may be prescribed orally: 

(a) Any isoquinoline alkaloid of opium or any salt of any isoquinoHne alkaloid, alone 
or in combination with other active, non-narcotic medicinal ingredients. 

206 



RuivKS AND Regulations 

(b) Apomorpliine or any salt thereof, alone or in combination with other active non- 
narcotic medicinal ingredients. 

(c) N-allyl-normorphine (Nalorphine, Nalline) or any salt thereof, alone or in com- 
bination with other active non-iiarcotic medicinal ingredients. 

(d) Any compound consisting of methylmorphme (codeine) or any salt thereof, with 
an equal or greater quantity oi any isoquiiiohne opium aikaiuid or salt Uiereof, where tlie 
content of methylmorpinne or any salt Uiereol does not exceed eight (8j grains per fluid ounce 
or one (1) grain per dosage unit of the compound. 

(e) Any compound consisting of Methylmorphine (codeine) or any salt thereof, with one 
or more active, non-narcotic ingredients in recognized therapeutic amounts, where the con- 
tent of methylmorphine or salt thereof does not exceed eight (8) grains per fluid ounce or one 
(1) grain per dosage unit of the compound. 

(f) Any compound consisting of dihydrocodeinone (Hydrocodone, Dicodid, Hycodan) or 
any salt thereof with a four-fold or greater quantity of any isoquinoline opium alkaloid or salt 
thereof, where the content of dihydrocodeinone or any salt thereof does not exceed one and one- 
third (1 1/3) grains per fluid ounce or one-sixtli (1/6) grain per dosage unit of the compound 

(g) Any compound consisting of dihydrocodeinone (Hydrocodone, Dicodid, Hycodan) 
or any salt thereof with one or more active, non-narcotic ingredients in recognized therapeutic 
amounts, where the content of dihydrocodeinone or any salt thereof does not exceed one and 
one-third (1 1/3) grains per fluid ounce or one-sixth (1/6) grain per dosage unit of the 
compound. 

(h) Any compound consisting of dihydrohydroxycodeinone Oxycodone, Eucodal) or any 
salt thereof with one or more active, non-narcotic ingredients in recognized therapeutic amounts, 
where the content of dihydrohydroxycodeinone or any salt thereof does not exceed two-thirdi 
(2/3) grain per fluid ounce or (1/12) grain per dosage unit of the compound. 

(i) Any compound consisting of ethylmorphine (Dionin) or any salt thereof, with one or 
more active, non-narcotic ingredients in recognized therapeutic amounts, where the content of 
ethylmorphine or any salt thereof does not exceed one and one-third (1 1/3) grains per fluid 
ounce or one-sixth (1/6) grain per dosage unit of the compound. 

PSITTACINE BIRDS. 
(Filed Secretary of State's office February 4, 1953.) 

1. The term "psittacine birds" shall include all birds commonly known as parrots, Amazons, 
Mexican double heads, African grays, cockatoos, macaws, parakeets, love birds, lories, 
lorikeets and all other birds of the psittacine family. 

2. No permit will be required to ship psittacine birds into or out of South Carolina. 

3. No person, firm, or corporation that handles, purchases, sells, exchanges, or otherwise 
deals in psittacine birds may purchase, sell, trade, or otherwise exchange any birds of 
the psittacine family that are sick or from any aviary or premise known to be or de- 
clared to be infected with psittacosis. 

4. The State Health Officer may deny entry of psittacine birds into South Carolina from 
any aviary or area under quarantine for psittacosis or from any area declared to be 
an area of infection by the Surgeon General of the U. S. Public Health Service or any 
State Board or Department of Health. 

5. Every person, firm, or corporation that purchases, breeds, sells, trades, exchanges, or 
otherwise deals in psittacine birds is required to keep a record of each transaction of 
purchase, sale, trade or exchange showing the date of such transaction, the number and 
kind of birds in the transaction and the name and address of the person, firm, or cor- 
poration from which purchased or to whom sold, traded or exchanged for a period of 
two years. 

6. All records of sales, purchases, trades or exchanges shall be available for inspection on 
demand by any official of the State Board of Health. 

7. The State Health Officer is hereby authorized to quarantine any aviary, premise, or 
area in the State found to be or suspected of being infected with psittacosis. 

8. It shall be the duty of every person having the custody of any psittacine bird to report 
to the local health authority any unusual illness or death among such birds. 

SHELLFISH. 

(Filed in the office of the Seecretary of State November 17, 1955.) 
1. Definitions: The term "shellfish" means all fresh and frozen oysters, clams, and 
mussels, whether shucked or in the shell, and any fresh, edible products thereof. 
The term "person" shall mean any person, firm, corporation, or association. 

207 



Code of Laws op South Caroi^ina 

2. Permits: 

A. Any person shall, before entering into the business of operating a shellfish shucking 
and packing plant, apply for a permit from the South Carolina State Board of Health, and 
it shall be unlawful for any person to operate a shellfish shucking and packing plant in the 
State of South Carolina who does not possess such a permit. 

B. Any person offering for sale, or having in his possession shucked or unshucked shellfish 
for any purpose other than consumption by himself, shall, before offering any such shellfish for 
sale, apply for a permit from the State Board of Health. It shall be unlawful for any person 
to offer for sale within the State of South Carolina any shucked or unshucked shellfish, 
who does not possess such a permit, provided, however, that no permit shall be required 
of eating and drinking establishments and other retail food establishments which have 
been otherwise issued a permit by the State Board of Hea'th. 

C. The application shall state the name of the person, firm, corporation, or association 
desiring such permit, its principal place of business, and such other information as the State 
Health Officer may, from time to time require. 

D. Permits issued pursuant hereto shall at all times be posted in a conspicuous place on 
the premises where such business of shucking and packing or selling is being carried on. 

3. Shell stock offered for sale within the State of South Carolina shall be tagged or 
labelled in the manner as specified under Section 4.40 of the existing regulations governing 
the sanitary control of the shellfish industry on file in the Secretary of State's office, and 
presently found in Volume 7, Code of Laws, 1952, page 667. 

THE SANITARY CONTROL OF SHELLFISH INDUSTRY. 

(Filed in the office of the Secretary of State October 31, 1957.) 

4. Preparing for Market — Processing. 
4.42 Certificate. 

It shall be unlawful for any person to operate a shucking and packing and/or shell stock 
plant within the State of South Carolina who does not possess an unrevoked certificate from 
the health officer or his duly authorized agent. Such a certificate shall be posted in a con- 
spicuous place in the plant. Only persons who comply with requirements of the rules and regu- 
lations shall be entitled to receive and retain such a certificate. 

Such certificate may be temporarily suspended for a period not to exceed ten days, by 
the health officer or his duly authorized agent, upon the violation by the holder of any of the 
rules and regulations. If at the end of the ten-day period the violation has not been corrected, 
or upon serious or repeated violations of the rules and regulations, the certificate may be re- 
voked by the health officer or his duly authorized agent, after an opportunity for a hearing has 
been granted to the holder. In case of temporary suspension or revocation all known receivers 
of said plant's products shall be notified of this action. 

(Filed in the office of the Secretary of State December 3, 1959.) 
4.43. Any shellfish shipper without the State of South Carolina shipping, selling or 
offering for sale within the State of South Carolina shellfish of any type shall prior 
thereto comply with all of the laws of the State of South Carolina, as well as the rules 
and regulations of the South Carolina State Board of Health pertaining to sanitary 
control of shellfish. Any such shipper shall be approved by the United States Public 
Health Service and shall be listed by name and number in the latest publication of the 
United States Public Health Service bulletin before any such sale or offer for sale is 
made within the State of South Carolina. Any person shipping or selling such shellfish 
within the State of South Carolina in violation of this rule and regulation shall be subject 
to the penalties provided by law and such shellfish shall be confiscated in accordance with 
the laws of the State of South Carolina. 

SHOE FITTING MACHINES 

USE OF FLUOROSCOPIC SHOE FITTING MACHINES. 

(Filed Secretary of State's Office February 13, 1953.) 

Part I 

Introduction 
Sec. 1 Purpose 

(a) The hazards to health attendant to the operation of x-ray units are well known, and 
examples of injuries to x-ray technicians and others exposed to x-radiation are easily 
found. Fluroscopic shoe fitting devices are specialized examples of x-ray units, and 
hence if not properly safeguarded are capable of inflicting it^jury to both talespeoplt 
and customers. 
Sec. 2 Definitions 

(a) Direct radiation. All radiation coming from within the x-ray tube and housing ex- 
cept the useful beam. 

208 



Rui.ES AND Regulations 

(b) Lead equivalent. The thickness of lead affording the same protection under the specified 
conditions, as the material in question. 

(c) Milliroentgen (mr). One one-thousandth of a roentgen. 

(d) National Electric Code. The Standard of the National Board of Fire Underwriters 

(e) Primary radiation. Radiation coming directly from the tube target. 

(f) Roentgen (r). The International Unit of quantity or dose of x-ray or gamma rays. 
That quantity of x or gamma radiation such that the associated corpuscular emission 
per 0.001293 g. of air, produces in air, ions, carrying electrostatic unit quantity of 
electricity of either sign. 

(g) Scattered radiation. Radiation which in passing through matter has been changed 
in direction, or modified in wave length. It is one form of secondary radiation. 

(h) Secondary radiation. Radiation emitted by all matter irradiated by x-ray. 

(i) Stray radiation. Radiation not serving any useful purpose. It includes direct radiation 

and secondary radiation. 
(j) Useful beam. That part of the primary radiation which passed through the aperture, 

cone, or other collimator, 
(k) Shall is construed to mean mandatory. 
(1) Should is construed to mean advisable. 

Part II 
Registration 

Any establishment, person, or firms in the State of South Carolina using an x-ray fluoro- 
scopic device for fitting shoes shall register such machines with the State Board of Health. 

Owners of machines currently in use shall have until July 1, 1952, to register them. 

All machines shall be required to meet the physical standards which follow in these regu- 
lations. Conditional acceptance for operation will be granted owners of machines now in use 
for a period of six months to make modifications. Machines failing to meet requirements at 
the end of this period shall be removed from service until modified to meet these specifications. 

Machines purchased after the adoption of these regulations shall be registered with the 
South Carolina State Board of Health before being placed in service. 

Part III 
Inspections 
The South Carolina State Board of Health shall make a thorough inspection of each 
machine at least twice a year and shall, at its discretion, make additional spot inspections. 

Machines which have been removed from service for cause shall not be returned to service 
until inspected and approved by the State Board of Health. When any modification, repair, 
adjustment, or replacements are made on a machine the owner shall notify the State Board 
of Health of changes made in order that an inspection can be made. 

An inspection certificate will be issued after an inspection has been completed. This 
certificate shall be displayed below the warning sign (See Section 7, Part VI) on the customer's 
side of the machine. 

Part IV 
Primary X-Ray Beams 
Sec. 3 Intensity 

(a) The greatest intensity of the useful beam, measured on the basis of the foot opening, 
shall not exceed 12 roentgens per minute. 

(b) Two other intensities of less than 12 roentgens per minute shall be provided, one of 
nine roentgens per minute to allow the fitting of women's shoes and the other six 
roentgens per minute to allow the fitting of children's shoes. 

Sec. 4 Filtration 

(a) The floor of the foot opening shall be provided with a sheet of aluminum at least 
1 mm. thick and of dimensions equal to or greater than the floor. The aluminum filter 
shall be protected by a layer of other material and shall be installed in such a fashion 
that its thickness can conveniently be determined. 

Sec. 5 Control 

(a) An automatic timer shall be provided that will limit the operation of the x-ray tube 
to a five-second interval. 

(b) A means shall be provided for making fittings at each of the three intensities pre- 
viously listed. The words CHILDREN, WOMEN AND MEN shall be posted to 
designate the lowest, intermediate and greatest intensities respectively. 

(c) The starting mechanism shall be ?o designated to prevent operation by customers. 

(d) The operation of the machine by unauthorized persons shall be prohibited. 

(e) A millamperage meter indicating the current flowing through the x-ray tube circuit 
shall be located on the instrument panel in full view of operator. The amperage in 

209 



Code of Laws of South Carolina 

this circuit shall not exceed a predetermined flow which will produce a useful beam 
intensity of 12 roentgens per minute but in no case shall it exceed 4 millamperes. 

(f) The screens shall be covered with leaded glass having a lead equivalent of at least 
1.5 millimeters for 65 kilovolts peak. 

(g) The viewing time should be limited to the shortest time necessary to accomplish the 
fitting. 

(h) Each observation shall be limited to 5 seconds or less. Unnecessary demonstration of 
fit or lack of fit to a customer's family or friend shall not be allowed. 

(i) The total exposure time for any one customer in any one day shall be restricted to 
25 seconds (5 fittings). 

(j) The operator of the machine shall not use his own feet or hands for demonstrating 
x-ray fluoroscopy. Children's feet shall not be held in position by any regular operator 
of any x-ray device unless the operator is wearing approved protective gloves. 

(k) The customer shall have shoes on BOTH feet at the time of a fluoroscopic examina- 
tion. 

(1) The customer shall be cautioned by the clerk that the machine he is about to use is 
an x-ray device. The clerk shall question the customer regarding dates and number 
of previous exposures and shall not use the machine in cases where he has reason 
to believe that its use would exceed the customer's total allowable exposures for the 
year (total allowable 20 -5 seconds fittings for a calendar year). 

(m) When more than one salesperson is employed, each shall operate the machine for 
his own customers. 

(n) Operators shall report promptly any defects in the machine to a responsible coro- 
pany official. 

Part V 

Stray Radiation 
Sec 6 Control ""^ 

(a) The x-ray tube shall be so shielded that stray radiation is rendered to less than 
12 J4 milliroentgens per hour at all positions to the rear (operator's station), sides, 
top and bottom of the cabinet. Measurements at the back and sides shall be made 
within 6 inches of the cabinet and at viewing ports at eye level. 

(b) The foot opening in the cabinet shall be so constructed and shielded that stray radia- 
tion at a distance of 10 feet forward shall not exceed I2l4 milliroentgens per hour. 
Except that the inspector may allow a maximum of 50 mr/hour at this point in 
cases where the machine is properly located, (See c below) and other stray radiation 
levels do not exceed allowable limits. 

(c) The machine shall be located as far as possible from frequently occupied areas. 
Employees who work in one location only, such as cashiers and wrappers shall not be 
stationed in front of the machines, at any distance. Employees who do not spend their 
time in one location, such as salesmen, shall not regularly perform duties within ten 
feet of the front of the machine. 

Part VI 

Warning and Instruction Signs 
Sec 7 

(a) A warning placard to be furnished by the authority shall be conspicuously posted on 
at least two sides, including the customer's side, of each shoe fitting machine. Thii 
placard shall be worded as follows : 

WARNING 
EXPOSURE TO X-RAY MAY BE HARMFUL. CUSTOMERS MUST NOT OPERATE 
THIS MACHINE. LIMIT FOR EACH CUSTOMER: 5 X-RAY OBSERVATIONS PER 
DAY. YEARLY TOTAL NOT TO EXCEED 20 X-RAY OBSERVATIONS. 

Part VII 

Electrical Safeguarding 

Sec 8 ■-'■ 

(a) All metal non-current carrying parts shall be grounded in accordance with the ap- 
plicable requirements of the National Electrical Code. 

(b) An interlocking switch shall be provided on the container housing the x-ray tube. 
This switch shall operate to break the electrical circuit whenever the container Ii 
opened- 



RuivEs AND Ri;gui.ations 

SMALLPOX VACCINATION 
Pursuant to §§ 32-571, 32-572, 32-576, 12-^11, 32-694, and other pertinent sections of 

S. C. Code of 1952. 
(Filed in the office of the Secretary of State October 31, 1957.) 
All persons within the State of South Carolina, who do not reside within the limits 
or jurisdictions of an incorporated city or town, or who reside within the limits or 
jurisdiction of an incorporated city or town which has not complied with the requirements 
of Section 32-571 of the Code of Laws of South Carolina, 1952, except persons who 
obtain a certificate from a reputable medical physician stating that vaccination against 
smallpox would be dangerous to their health, shall be vaccinated or revaccinated during 
their first, sixth, and fifteenth years of age. All persons who have never been vaccinated, 
or shall be exposed, or are likely to become exposed to smallpox, shall be vaccinated 
forthwith. 

SPRAY TYPE DISHWASHING MACHINES. 

(Filed in the office of the Secretary of State February 24, 1958.) 
The National Sanitation Foundation Standard Number 3, Spray Type Dishwashing 
Machines, prepared and adopted by tlie Joint Committee on Food Equipment Standards 
and published by the National Sanitation Foundation May 1953, with revisions September 
1956, is the regulation of the State Board of Health governing spray-type dishwashing 
machines. Those interested should refer to a copy of this pamphlet which is on file in 
the office of the Secretary of State. 

^JVmMING POOLS, DESIGN, CONSTRUCTION AND OPERATION OF. 

(Filed in the office of the Secretary of State May 3, 1960.) 
Minimum standards as given herewith shall apply to all public or semi-public swim- 
ming pools, under all categories of usage, excepting as specifically noted under subsequent 
headings. 

Definitions. 
All artificially constructed swimming pools other than residential pools, wading pools 
and spray pools, as herein defined, shall be deemed to be public pools. These latter types 
of pools shall be subject to the minimum standards contained in paragraph 22, when built 
for public use. 

1. Residential pools which are excepted herein shall be defined as any privately-owned 
pool which is built in connection with single-family residence, the use of which shall be 
confined to the family of each householder and his private guests. 

2. Public Swimming Pools: For purposes of Regulations, public and semi-public 
swimming pools shall be defined as listed in the following categories, based upon specific 
v'1'.aracteristics of size, usage and other factors: 

Type "A" Any municipal, community, school, country club, athletic club or swimming 

club pool or pool for other similar usage and type. 
Type "B" Large hotels of more than 100 units, with pools having a water surface area 

in excess of 1,600 square feet. 
Type "C" Motels and apartments, multiple housing units, small hotels of less than 100 

units, not open to the general public and with pools having a water surface 

area of less than 1,600 square feet. 
Type "D" Treatment pools, therapeutic pools and special pools for water therapy. 
Type "E" Indoor pools. 
Exceptions: The above categories shall be the basis for certain specific variations from 

the Regulations for public swimming pools as a whole. 

3. Natural Bathing Places: Includes all streams, rivers, lakes, and tidal waters used 
for swimming or recreational bathing. 

4. Wading Pool: A wading pool shall normally be a small pool for non-swimming 
children only, used only for wading and shall have a maximum depth at the deepest part 
not greater than 24 inches. 

5. Spray Pools: Artificial pools into which water is sprayed but not allowed to pond- 

6. Main Suction: The line connecting the main outlet to the pump suction. 

7. Main Outlet: The outlet (s) at the deep portion of the pool through which the main 
f!ow of water leaves the pool. 

8. Vacuum Fitting : The fitting in the wall of the pool which is used as a convenient outlet 
for connecting the underwater suction cleaning equipment. 

9. Vacuum Piping: The piping which connects the vacuum fitting to the pump suction. 

m 



Code op Laws of South Carolina 

10. Return Piping: The piping which carries the filtered water from the filter to the 
pool. 

11. Inlet: The fitting or opening through which filtered water enters the pool. 

12. Face Piping: The piping with all valves and fittings which are used to connect the 
filter system together as a unit. 

13. Recirculating Piping: The piping from the pool to the filter and return to the pool, 
through which the water circulates. 

14. Back-washing Piping: The piping which extends from the backwash outlet of the 
filters to its terminus at the point of disposal. 

15. Receptor: An approved fixture or device of such material, shape and capacity as 
to adequately receive the discharge from indirect waste piping, so constructed and 
located as to be readily cleaned. 

16. Filter: Any material or apparatus by which water is clarified. 

17. Underdrain: An appurtenance at the bottom of the filter to assure equal distribu- 
tion of water through the filter media. 

18. Filter Element: That part of a filter device which retains the filter media. 

19. Recirculating Skimmer: A device connected with the pump suction used to skim 
the pool over a self-adjusting weir and return the water to the pool through the filter. 

20. Overflow Gutter: A device at the normal water level which is used as an overflow 
and to skim the pool surface. 

21. Filter Media: The fine material which entraps the suspended particles. 

22. Filter Sand: A type filter media. 

23. Diatomaceous Earth: A type filter media. The fossil remains of a microscopic marine 
plant used in a thin coating over filter septa or bags. 

24. Filter Rock: Graded rock and gravel used to support filter sand. 

25. Pool Depth: The distance between the floor of the pool and the maximum operating 
level when pool is in use. 

26. Pool Decks: The paved area around the pool. 

27. Lifeline Anchors: Rings in wall of pool at transition point between shallow and 
deep areas. 

Section A — Design and Construction. 

1. Submission of Plans: No public swimming pool shall be constructed, materially 
altered, or enlarged until complete plans and specifications prepared by an engineer or 
architect, registered in the State of South Carolina, together with such other information 
as the State Health Oflficer may require, have been submitted, in duplicate, to the 
Division of Sanitary Engineering of the S. C. State Board of Health, and a formal 
approval issued by the State Health Officer. 

Natural bathing places are under the jurisdiction of the County or City Health 
Departments and do not require submission of plans to the Division of Sanitary Engi- 
neering of the State Board of Health. 

2. Water Supply: All water used in swimming pools shall be from sources that are 
approved by the regulatory health agency. No piping arrangements shall exist which, 
under any conditions, permits sewage or waste water to enter the swimming pool water 
system or water from tlie swimming pool to enter the make-up water supply. 

If source is from other than a municipal supply, approval of the County or City 
Health Department must accompany plans and specifications submitted. 

3. Location: The location of a pool shall in no way hinder the operation for which 
it is designed nor adversely afifect bather's safety or w^ter quality. 

4. Wall and Floor Finish: Wall and floor finish shall be of masonry tile or similar 
impervious material, non-toxic to man, and shall be reasonably enduring. Finish shall be 
moderately smooth and of a light color. 

5. Shape and Slope: The pool shall be designed and constructed of such contour, 
shape, etc., that efficient and safe control of the bathers can be accomplished. The tran- 
sition point or break point between the shallow and deep ends shall be at a depth of not 
less than four feet, six inches (4'6"'). The pool floor shall have a uniform slope from 
shallow end to transition point and shall not exceed one foot (1') vertical to ten feet 
(10') horizontal. The minimum depth shall be three feet (3')- 

6. Walks: Walks shall be continuous around the pool with a minimum width of 
8 feet of unobstructed clear distance including a curb at the pool edge, if such a curb is 
used. Exceptions may be made in Types B, C, D, and E as below: 

212 



Rules and Regulations 

B — 4 feet D — No minimum 

C— 4 feet E— 4 feet 

A minimum of a 3-foot walk width shall be provided on the sides and rear of any 
piece of diving equipment. 

The finish texture of walks must be non-slip and such that there will be no discomfort 
to bare feet. 

Hose bibbs shall be provided around the perimeter of the deck area at intervals such 
that all parts of the swimming pool deck area may be reached with a 100-foot hose. 

The deck shall be constructed of concrete or other approved material. The material 
shall have a non-slip or smooth broom finish. The deck shall have a pitch of not less 
than one-fourth inch (J4") nor more than five-eighths inch (^") to the foot and be so 
designed as to conduct drainage away from the pool area in a manner not to create or 
maintain pools of water or a nuisance. All deck drainage must be "to waste" and not be 
filtered and returned to pool. 

7. Fences: All Type "A" outdoor swimming pools including deck area shall be 
enclosed by a substantial barrier or fence of minimum 4-foot height to promote safety 
and cleanliness of water. 

8. Steps and Ladders: Non-slip steps will be permitted on the shallow end and may 
extend inside the pool provided they are adequately marked. Two or more ladders shall 
be provided for all pools. One ladder shall be provided for each 75 feet perimeter. One 
ladder may be deleted if recessed or radial steps are installed in the shallow end of the 
pool. Where radial or recessed steps are used, a handrail shall be installed. All ladders 
shall be a minimum of three-tread design and shall include treads of non-slip construction. 
Ladders and handrails shall be of removable type. 

9. Overflow Facilities: All semi-public and public pools shall have one of the follow- 
ing types of surface skimming devices: 

a. Overflow Gutters. 

(1) Recessed Gutters: If recessed gutters are used, they shall be located near the 
top of the pool wall and shall have a minimum depth of three inches (3"). They shall be 
uniformly level and be designed to serve as a handhold. The gutter drain outlets shall be 
constructed of a non-corrosive material and shall be placed on a minimum of fifteen foot 
(15') centers in all recessed gutters. The gutter bottom shall slope toward these outlets 
with the minimum slope of one-eighth inch (%") per foot. Gutter must be easily acces- 
sible for cleaning. The opening into gutter shall not be less than 4 inches (4") high and 
interior not less than 4 inches (4") wide. 

(2) Lay-Out or Roll-Out Gutters: A lay-out or roll-out gutter must have a width of 
8 to 12 inches and shall have an edge uniformly level. The lip of the gutter shall have a 
minimum pitch of 1 inch to 12 inches of width. Gutter drains of non-corrosive material 
shall be located on 8-foot centers in flat or non-sloping roll-out gutters. 

b. Recirculating Surface Skimmers. 

At least one skimmer shall be provided for each 800 square feet, or fraction thereof, 
of water surface area provided acceptable handhold is installed. The handhold shall be 
no more than 9 inches above the normal water level. 

(1) Each skimmer shall be designed for a flow-through rate of at least 30 gallons per 
minute and the total capacity of all skimmers in any pool shall be approximately 50% 
of the required filter flow of the recirculation system. 

(2) They shall be automatically adjustable to variations in water level over a range 
of at least three inches (3"). 

(3) An easily removable and cleanable basket, or screen, through which all over- 
flow water must pass shall be provided to trap large solids. 

(4) The skimmer shall be provided with a device to prevent airlock in the suction 
line. If an equalizer pipe is used, it shall provide an adequate amount of make-up water 
for pump suction should the water of the pool drop below weir level. This pipe shall 
be at least one and one-half inches (1^4") in diameter and shall be located at least one 
foot (1') below the lowest overflow level of the skimmer. 

C5) The overflow weir shall be of sufficient length to maintain a rate of flow of at least 
twenty (20) gallons per minute per lineal foot of weir lip 

(6) The skimmer shall be of substantial, enduring and reasonably corrosion-resistant 
material. Each skimmer shall have a device to control flow. 

(7) If overflow connections are not provided in skimmer tanks, some type overflow 
shall be built into the pool wall which will be of sufficient size to carry off water that 
could be supplied by the fill-spout. 

10. Mechanical Pool Fittings; Overflow gutter branch lines from each drain fitting, 
where fittings are on 15-foot centers, shall be not less than 2" I.D.S.; whefe gutter fittings 
are on 8-foot centers, the branch line may be 1^" I.D.S. ." . 

213 



Code of Laws of South Carolina 

11. Pool Inlets and Outlets: Shall be provided and arranged to produce a uniform 
circulation of water and the maintenance of uniform disinfectant residual throughout 
the pool. There shall be at least four inlets. 

Provisions shall be made to adjust the flow through all inlets. Maximum flow rates 
(in gpm) through various sized inlet branches shall be not more than as listed below: 

Size 1" l-'4" l-y2" 2" 

GPM 10 20 30 50 

In pools with surface area greater than 1,500 square feet or length in excess of 60 
feet, inlets shall be placed around the entire perimeter. In any case, an adequate number 
of inlets shall be provided, properly spaced and located to accomplish complete recircula- 
tion and the maintenance of a uniform and adequate disinfecting medium at all times. 

12. Main Drain Spacing: When the outlets to pool pump suction are installed in the 
pool floor near one end, the spacing shall not be greater than 20 feet on centers and an 
outlet shall be provided not more than 15 feet from each side wall. At least one outlet 
shall be provided at the lowest point of the floor to completely drain the entire floor area. 

The outlet grate clear area shall be such that when the maximum flow of water is 
being pumped through the floor outlet, the velocity through the clear area of the grate 
shall not be greater than 1>< feet per second. Outlet grates shall be anchored and open- 
ings in grates shall be slotted and the minimum dimension of slots shall be not more 
than Yi". 

Where outlet fittings consist of parallel plates, of so-called anti-vortex type where 
the water enters the fittings from the sides, rather than through a grating facing upward, 
entrance velocities may be increased to 6 feet per second. All pool fittings shall be of 
corosion-resistant materials. 

13. Piping: The determination of sizes of pipe, fittings and valves on the complete 
main pump suction line from the swimming pool shall be based upon a rate of friction 
losses for piping of not more than 6 feet per 100 feet of pipe based upon Hazen-Williams 
formulae for 15 year old piping. 

All piping on the discharge side of the pump for filtration and to the point for 
discharge of backwash water from the filter plant shall have pipe sizes determined on a 
basis of friction losses which shall be not more than 12 feet per 100 feet or a A^elocity of 
10 feet per second and pipe selection shall be made based upon Hazen-Williams formulae 
for 15 year old pipe. In the determination of pipe sizes required, the criterion which 
would call for the largest pipe size shall govern. 

All pool piping shall be supported to preclude against possible settlement which will 
either provide dirt draps or air pockets and a condition which would result in rupture of 
the line. 

All pressure and suction lines shall have a uniform slope in one direction of not less 
than 3 inches per 100 feet. Gravity waste lines around the pool 6 inches or smaller shall 
have a minimum slope of ^" per foot. Lines larger than 6 inches and all outfall waste 
mains shall be designed with a size of pipe and slope to freely carry the maximum flows 
required with no surcharge or back-pressure in the lines. All piping and equipment shall 
be provided with positive means of completely draining all water to prevent damage from 
freezing. 

14. Pump and Motor: Pump and motor unit shall be provided for recirculation of the 
pool water to meet the conditions of quantity required for filtering and cleaning the filters 
with the total dynamic head developed by the complete system. The requirements for 
filtration shall be based upon the maximum head loss developed immediately prior to 
washing the filters. The motor shall be non-overloading at any point on the curve. 

15. Depth Markers: Depth of water shall be plainly marked at or above the water 
surface on the vertical pool wall and on the edge of the deck or walk next to the pool, 
at maximum and minimum points and at the points of break between the deep and shallow 
portions and at intermediate increments of depth, spaced at not more than 25-foot 
intervals. Depth markers shall be in numerals of 4-inch minimum height and of a color 
contrasting with background. Markers shall be on both sides and ends of the pool. 

-16* Diving Equipment: At least thirteen feet (13') of unobstructed clear area shall be 
provided above the diving board. 

17. Diving Area: An unobstructed water surface area of ten feet (10') clear radius 
from the center end of each diving board set higher than 2 feet above water level shall 
be provided. From the center end of the boards not exceeding 2 feet in height, an 8-foot 
clear radius may be used. Diving depth of 8 feet minimum shall be provided. For curved 
wall construction, the 6-foot depth may be no farther out than a maximum of 15 inches 
from the pdol w'all. For each meter or fraction thereof in diving board heighth above 

214 



Rules and Regulations 

one meter, the minimum depths shall be increased one foot. The length of the diving 
bowl to slope break shall be a minimum of 20 feet. 

18. Electrical Requirements. 

a. Underwater Lighting: Where underwater lighting is used, not less than 0.5 watts 
shall be employed per square foot of pool area. 

b. Area Lighting: Where underwater lighting is employed, area lighting shall be 
provided for the deck area and directed toward the deck area and away from the pool 
surface insofar as practical in a total capacity of not less than 0.6 watts per square foot 
of deck area. Where underwater lighting is not employed and night swimming is per- 
mitted, area and pool lighting combined shall be provided in an amount of not less than 
2 watts per square foot of pool area. 

c. All wiring in connection with requirements for a swimming pool for lighting or 
power shall conform with the codes of the National Underwriters Laboratory (National 
Electric Code). 

d. In addition to any other grounding, each underwater light unit shall be individually 
grounded by means of a screwed or bolted connection to the metal junction box from 
which the branch circuit to the individual light proceeds. 

e. Overhead Wiring: No overhead electric wiring for lighting or power shall be 
permitted to pass within 20 feet of the pool. 

19. Recirculation and Filtration: All public swimming pools shall have recirculation 
and filtration equipment provided for water purification in accordance with criteria herein 
or have a complete turnover of flow through water at least every eight hours and have 
water of chemical and bacteriological quality acceptal)le to the State Health Officer. 

a. Filters, Sand: These minimum standards shall apply, where applicable, to either 
gravity or pressure sand filters. 

The filter bed shall consist of suitable grades of filter sand and a supporting bed 
of graded gravel or other porous material which shall serve to support the filter bed and 
distribute both filtered and backwash water uniformly. The supporting bed consisting of 
graded gravel or other materials shall support not less than 20 inches of filter media 
consisting of silica sand or other durable, inert material with an effective size between 
0.45 and 0.55 mm., and a uniformity co-efficient not exceeding 1.75. 

The minimum freeboard to the draw-ofif point shall be not less than 12 inches above 
the normal level of the top of the filter bed. The minimum backwash rate shall be not less 
than 12 gallons per square foot of filter bed per minute. 

Where antracite coal or similar filter media is employed, the freeboard shall be ade- 
quate to prevent the media being carried oflf to waste when the filter bed is backwashed 
at a rate adequate to carry off foreign material filtered from the water. The freeboard 
and the rate of backwash shall be the subject of individual design, based upon specific 
gravity of the media. 

Underdrain system shall be such that uniform distribution of backwash water shall 
be provided over the entire bed area. 

Ratio of total underdrain orifice area to total area of bed shall be not less than 
0.25 per cent. 

Orifices in the underdrain system shall be spaced at a maximum of 6 inches on 
centers both ways throughout the area of filter bed. Where porous plates are used, the 
total orifice area may be provided by means of porosity of the material over the total 
underdrain area. 

Underdrain system shall be provided of material which is corrosion-resistant and 
enduring, wherein the orifices shall be so designed and of such material that they will 
maintain approximately constant area. 

Where the underdrain system is of manifold and lateral type, the total area of the 
manifold shall be equal to not less than the total area of the laterals. The total area of 
the laterals shall be not less than 1^ times the total area of the orifices. 

Design rate for sand or similar media filters shall not exceed 3 gallons per minute, per 
square foot of bed area. 

The filter plant shall be provided with influent and effluent pressure gauges, back- 
wash sight glass and air-relief valves. 

The filter plant shall be provided with face piping and valving to permit the 
functions of filtering to pool or backwashing to waste with the battery as a whole or any 
unit operated singularly. 

The filter plant shall be provided with means for draining all filter units and pioing 
so that all parts of the system may be completely drained to prevent damage from 
freezing. 

Each filter unit shall be provided with an access opening of not less than 
a standard 11" x 15" manhole and cover. 

215 



Code of Laws of South Carolina 

Pressure filter tanks shall be supported by jack legs or other supports to give a 
free movement of air under each tank and to permit access for painting. 

Filter turnover cycle shall be of capacity to completely filter the entire pool body 
in not more than eight hours. 

b. Filters, Diatomite: Where diatomite filters are used, they may be of either pres- 
sure or vacuum type. The filter rate shall not exceed 2.5 gpm per square foot of filter 
surface area. 

The cycle of operation between cleaning of the diatomite filters shall be not less than 
a 24-hour period of continuous operation and this shall not be deemed to apply to initial 
operation of a pool, but only after operation for a period of three days or such period 
as is necessary to initially clear the pool. 

Provisions shall be made to introduce a pre-coat to completely cover the filter ele- 
ments, upon placing the equipment in initial operation and/or after each cleaning. The 
equipment shall be so arranged that during pre-coating, the effluent will be refiltered or 
disposed to waste without passing into the pool until the effluent is clear of suspended 
matter. 

Equipment shall be provided for the continuous feed of filter aid to the filter influent 
and the equipment shall have a capacity to feed not less than 0.1 pound of this material 
per square foot of filter area over a 24-hour period. Slurry Feeders are recommended on 
large public pools only. 

The septum or elements which support the filter aid shall be of corrosion-resistant 
material and shall be provided with openings, the minimum dimension of which shall be 
not greater than 0.005 inches. 

The septa shall be constructed to be adequately resistant against crushing or defor- 
mation, with the maximum differential pressure between influent and effluent of not less 
than the maximum pressure which can be developed by the circulating pump and of ade- 
quate strength to resist the stresses developed by the cleaning operation, with the impact 
developed from an accelerated washing operation. 

In the complete filter installation, where dissimilar metals are used which may set up 
galvanic electric currents, the metals shall be insulated with a suitable dielectric which 
will satisfactorily prevent corrosion from electrolysis. 

The filters shall be designed and installed in such a manner that they can be readily 
disassembled and elements removed and they shall not be installed where inadequate 
working space above or around is available for such disassembling. 

The filter plant shall be provided with pressure differential gauges and air-relief out- 
lets where necessary. 

c. Filters, Other: In the absence of complete information on operating character- 
istics, durability, etc., of cartridge and other type filters, no minimum standards can be 
established at this time and their installation on public pools may be made only after 
approval by the State Health Officer on a trial basis. 

d. Strainers: At all pressure type filter plants or where the circulating pump is used 
for vacuum cleaning the pool, a suitable strainer or screen shall be provided to remove 
solids, debris, hair, lint, etc. Where a wet well is provided, the strainer shall consist of a 
removable screen through which all water entering the pump shall pass. Where no wet 
well is provided or where the suction cleaner or any other suction line is piped directly 
from the pool to the pumps, a pot-type strainer with removable strainer basket shall be 
provided. The strainer basket shall be of rigid construction sufficiently strong to prevent 
collapsing when clogged. One extra strainer basket shall be provided. 

Any type screen or strainer basket shall be fabricated of a corrosion-resistant material 
or shall have a protective coating of such material. 

Screen or strainer basket shall have maximum openings no greater than ^ the size 
of the solids which will pass through the pump impeller without clogging and the total 
clear area of all openings shall be not less than 4 times the area of the largest sized pipe 
from the pool to the strainer influent. 

e. Rate of Flow Indicator: Every swimming pool provided with recirculation and re- 
filtration sj'Stem shall be provided with a rate of flow indicator on the pump discharge line 
leading to the filters and shall be calibrated for measuring both water for filtration 
and backwash and the activating element creating the pressure differential for indica- 
tion of flow shall be installed with adequate clear distance upstream and downstream 
to obtain a reasonable degree of accuracy. 

The rate indicator shall be calibrated for and provided with a scale reading in 
gallons per minute and shall have a range of 10% above the maximum flow rate. 

Where diatomite filters are used, the activating element of the flow indicator shall be 
installed in the filter effluent line. 

216 



Rules and Regulations 

20. Concession Stands: Where concession stands are provided at type "A" pools for 
dispensing food and/or beverages, the design must be such that all sales are made to 
persons outside the fenced-in pool area. 

21. Bathhouses: Adequate dressing and sanitary plumbing facilities shall be provided 
for every public swimming pool. An exception to this may be made in Types "B", "C", 
"D" and "E" pools where available facilities are provided in connection with the general 
development for other purposes of adequate capacity and number, in close proximity to 
the pool. 

Every bathhouse shall be provided with separate facilities for each sex with no 
inter-connection between the provisions for male and female. The rooms shall be well- 
lighted, drained, ventilated and of good construction, with impervious materials employed 
in general, hnislied in light colors and so developed and planned that good sanitation can 
be maintained throughout the building at all times. 

a. Minimum sanitary plumbing facilities shall be provided, as follows: 

Males: One water closet, one lavatory and one urinal for the first 100 bathers. One 
water closet and one urinal, for each additional 150 bathers or major fraction thereof. One 
lavatory, for each 200 additional bathers. 

A minimum of three shower heads with one shower head, for each additional 50 
male bathers in excess of 150. 

Females: A minimum of two water closets, for the first 100 females. One additional 
water closet, for each additional 75 females or fraction thereof. 

One lavatory, for the first 75 females. One additional lavatory, for each addi- 
tional 75 females in attendance or major fraction thereof. 

A minimum of two showers, for the first 100 females and one shower for each 50 
additional females. 

These minimum criteria for bathhouse plumbing facilities shall be based upon the 
anticipated maximum attendance in bathers. Facilities for either sex shall be based upon 
a ratio of 60% of the total number of bathers being male and 40% being female, excepting 
where pool is confined to use by one sex only, wherein 100% of plumbing facility re- 
quirements shall be provided for that sex. 

Shower and dressing booths shall be provided in female dressing space and dressing 
booths shall be provided with curtains or other means of seclusion. This condition may 
be subject to variation for schools and other institutional use where a pool may be open 
only to one sex at a time. 

b. Drinking Fountain: No less than one approved type drinking fountain shall be 
provided available to patrons both at the pool and in the bathhouse. 

c. Hose Bibbs: Hose bibbs shall be provided for flushing down the dressing rooms 
and bathhouse interior. 

d. Floors: The floors of the bathhouse shall be of impervious material, relatively 
smooth, to insure complete cleaning. Floor drains shall be provided to insure positive 
drainage of all parts of the building with a slope in the floor of not less than Ya," per foot, 
towards drains. 

No difference in elevation, requiring steps, shall be provided in the interior of male 
and female dressing areas. No steps shall be permitted between the bathhouse and the 
pool deck areas adjoining and should it be necessary that the bathhouse floor be at a 
different elevation from the pool decks, ramps shall be provided at the access doors. 
Where ramps are used between the bathhouse and pool decks, the slope shall not exceed 
3 inches per foot and shall be positively non-slip. 

All partitions between portions of the dressing room areas, screen partitions, shower, 
toilet and dressing room booths shall be of durable materials not subject to damage by 
water and shall be so designed that a water way is provided between the partitions and 
floor to permit thorough cleaning of the floor area with hoses and brooms. 

e. Light and Ventilation: All indoor pools, dressing areas, equipment rooms, etc., shall 
be adequately ventilated and lighted. 

f. Soap Dispensers: Soap dispensers for providing either liquid or powdered soap 
shall be provided at each lavatory and between each pair of shower heads, and dis- 
pensers must be of all metal or plastic type and no glass permitted in these units. 

g. Mirrors: Mirrors of non-breakable material shall be provided over each lavatory 
and toilet paper holders shall be provided at each water closet combinations. 

h. Water: All water provided for drinking fountains, lavatories, and showers shall 
be potable and conform with the Public Health Service Drinking Water Standards. 

i. Hot Water: Tempered water only will be provided at all shower heads. Water 
heater and thermostatic mixing valve shall be inaccessible to bathers and will be capable 
of providing 2 gpm of 90° F. water to each shower head, and no hot or cold water shall 
be supplied. 

217 



Code of Laws of South Carolina 

j. The disposition of sanitary sewage from the bathhouse shall be into a sanitary 
sewer, a septic tank or other waste line which meets with the approval of local health 
authorities. 

22. Wading Pools: Due to the high degree of pollution likely to be present, a wading 
pool shall have a maximum turnover cycle of 4 hours. The supply to the wading pool 
shall consist of filtered and disinfected water. The circulating outlets from the wading 
pool may be wasted or may be returned to the circulation system of the large pool at 
the suction side of the pump for re-filtration. These shall also be provided a waste outlet 
at the deepest point of the wading pool, by means of which it shall be completely emptied 
to waste. Inlets and outlets shall be so placed as to give complete circulation of the 
pool water. 

Wall and floor finish shall be of masonry, tile or similar impervious material, non- 
toxic to man, and shall be reasonably enduring. Finish shall be moderately smooth and 
of a light color. 

23. Spray Pools: It is considered very desirable to install a spray pool in lieu of a 
wading pool, where no water stands at any time but is drained away freely as it sprays 
over the area. Water quality, wall and floor construction shall meet the same requirements 
as set forth for public swimming pools. The bottom shall have a minimum slope of not 
less than Y^ inch per foot towards the waste outlets. No obstructions, such as raised 
drains, steps, or concrete gadgets, on which children may fall or become injured, shall 
be placed in the spray pool area. 

24. Water Treatment. 

Disinfecting Agent: Some means of disinfecting the pool water shall be used which 
provides a residual of disinfecting agent in the pool water. Adequate feeding equipment 
and equipment for testing residuals must be employed. Inasmuch as chlorine is almost 
imiversally used, minimum standards for the use of chlorine are given below. Proposals 
to use disinfecting agents other than chlorine will be reviewed by the State Board of 
Health and approval given on each individual installation if so merited. 

Equipment for supplying chlorine or compounds of chlorine shall be of capacity to 
feed 1 pound of available chlorine per 3,000 gallons of pool volume per 24-hour period. 
This may be reduced by 50% for Type "D" pools. 

In all public pools, elemental chlorine shall be supplied by means of gas chlorinator 
which controls and regulates the flow of the gas and mixes it in a water solution which, 
in turn, is injected into the pool water circulating system ahead of the filters. 

An exception to the requirements for gas chlorination shall permit the use of 
hypochlorite supplied by a suitable hypochlorinator in all pools having a capacity of not 
more than 75,000 gallons of water. 

Any hypochlorinator, to be acceptable for public pool use, shall conform to the 
following requirements and shall be sold by the manufacturer explicitly to meet these 
conditions and so warranted: 

a. Capacity shall be adequate to supply 1 pound of free chlorine per 3,000 gallons 
of water in the pool per 24-hour period. 

b. Feed shall be positive under all conditions of pressure in the circulating system, 
and without construction of the pump suction line whether this line is flooded or under 
vacuum head. 

c. Rate of flow shall be indicated and provision made to change this rate. 

d. Regulation shall be provided to insure constant feed with varying supply or back 
pressure. 

e. Positive features to prevent back-flow from circulation system to the solution 
container and provision for reducing the free lime from calcium hypochlorite entering 
the pool to a minimum. 

f. No illegal cross connection with domestic water supply shall be permitted. 

The term "Chlorine" shall not be used to refer to any hypochlorite compounds nor any 
material except elemental free chlorine which occurs at atmospheric pressure and normal 
summer temperatures as a gas, commercially acid in a compressed form as a liquid. Only 
equipment used to supply or feed elemental chlorine may be referred to or used to 
describe a chlorinator. Hypochlorite compounds containing chlorine shall only be known 
and sold as a "hypochlorite" such as calcium hypochlorite, sodium hypochlorite, et al; 
and may not be called chlorine. Equipment used to supply or feed a hypochlorite com- 
pound shall be known as a hypochlorinator and may not be referred to or sold as a 
chlorinator. Use of either "chlorine" or "chlorinator", improperly in this manner, repre- 
sents clear and improper misrepresentation. 

25. Chlorine Compartment: Where gaseous chlorine equipment is provided, the 
mechanical proportioning device and cylinders of chlorine shall be housed in a reasonably 
gas-tight corrosion-resistant and mechanicallj^-vented enclosure. Air-tight duct from the 
bottom of the enclosure to atmosphere in an unrestricted area and a motor-driven exhaust 

218 



Rules and ReguIvATions 

fan capable of producing at least one air change per minute shall be provided. Automatic 
louvers of good design near the top of the enclosure for admitting fresh air are required. 
An opening at least 18 inches square, glazed with clear glass, and artificial illumination 
shall be provided in an amount such that the essential performance of the equipment 
may be observed, at all times, without opening the enclosure. Electrical switches for the 
control of artificial lighting and ventilation shall be on the outside of the enclosure 
adjacent to the door. The floor area of the enclosure shall be of adequate size to house the 
chlorinator, fan, scales and one extra chlorine cylinder. Gas mask approved by the Bureau 
of Mines for protection against chlorine gas shall be provided, mounted outside the 
chlorine compartment. Doors to the chlorine compartment should not open into any other 
room, but to the outside only. 

26. Testing Equipment: The specifications shall include that a test set be provided 
for the determination of disinfecting residual and pH hydrogenion content in the pool 
water, specifying the type set and the range for each test. 

27. Direct Connections to Utilities: No direct mechanical connection between a source 
of domestic water supply shall be made to a swimming pool or the piping thereof. 

The water supply for filling the pool, when derived from a portable supply, shall be 
by means of an over-fall fillspout to the pool, or an over-fall supply to a surge tank, with 
an air gap of at least two diameters of the fillspout. 

The disposition of sanitary sewage from the bathhouse shall be into a sanitary sevver, 
a septic tank or other waste line which meets with the approval of local health authorities. 

Whenever any waste from the swimming pool is connected to a sanitary sewer or a 
storm sewer, an air-gap or relief manhole of at least 6 inches shall be provided which will 
positively preclude against surge or backflow introducing contaminated water into the 
swimming pool or the water lines. 

28. Pool Temperatures: Type "D" pools shall include such equipment that will 
maintain temperatures of the pool water between 70° and 85° F. 

29. Diving Towersi: Diving towers in excess of 3 meters in height shall not be con- 
sidered as acceptable in a public pool without special provisions, controls, and definite 
limitations on their use. 

30. Miscellaneous Requirements: Outdoor Pool Location: 

a. Outdoor pools should not be located where they will be exposed to excessive 
pollution by dust, smoke, soot, or other undesirable substances. 

b. In any pool where the break point is at a depth less than 5' 6", there shall be a 
lifeline across the pool on the shallow side of the break point made of approved material 
and with floats at not less than 10-foot intervals. 

31. Instructions: The specifications shall include that upon the completion of any 
swimming pool, the builder shall give the owner and his operators complete written and 
oral instructions in the operation of the pool and all of the equipment, in the maintenance 
of the swimming pool water and specifically covering the details of maintenance of the 
equipment. Also, these instructions shall consist of operation of the plant under his obser- 
vation for a period of not less than 3 days. All valves shall be permanently tagged and 
valve operating schedule shall be provided for every operation. Instructions shall be 
supplied in not less than two copies. 

Section B — Operation. 

1. Chemical and Physical Characteristics of Water. 

The chemical and physical characteristics shall meet the current Public Health Serv- 
ice Drinking Water Standards as published by the United States Government Printing 
Office. A complete chemical analysis is not mandatory; but should there be any doubt 
concerning any chemical characteristics, a report from a recognized laboratory will be 
required. 

At all times when the pool is in use, the water shall be sufficiently clear to permit a 
black disc 6 inches in diameter on a white field, when placed on the bottom of the pool 
at the deepest point, to be clearly visible from the sidewalks of the pool at all distances 
up to 10 yards measured from a line drawn across the pool through said disc. 

Public Health Reasons 

Excess amounts of many chemical substances are harmful to public health. Clear 
water adds greatly to the pool's attractiveness and safety. 

2. Bacterial Quality — Interpretation of Results. 

a. Coliform Tests: 

Not more than one (1) sample out of any series of five (5) samples of water, taken 
over any period of two (2) weeks while the pool is in use, shall have a Most 
Probable Number Coliform Group Organisms of more than 5 per 100 ml. of sample. 

219 



Code of Laws of South Carolina 

b. Membrane Filter Test (Optional): 

Not more than one (1) sample out of any series of five (5) samples of water, taken 
over any period of two (2) weeks while the pool is in use, shall have three (3) coliforms 
on a 50-ml. sample or four (4) coliforms on a 100-ml. sample with the arithmetic mean 
density of the other four samples not exceeding one (1) coliform per 100 ml. 

Public Health Reasons 

If the bacterial count exceeds the above standards, there is an indication of inadequate 
disinfection, improper filtration, or the lack of a smooth inner-pool surface which is con- 
tributing to the harborage of foreign matter and micro-organism growths. 

3. Sampling of Pool Water. 

Water samples shall be collected by a representative of the regulatory health agency 
and at such intervals as required by the State Health Officer. 

Sterilized sample bottles will be furnished by the State Board of Health or other 
certified laboratory. Sample bottlers will contain sodium thiosulfate and should not be 
rinsed prior to taking a sample. 

Public Health Reasons 

An untrained sample taker may contaminate the water while taking the sample. 
Only properly sterilized bottles can assure true results. The sodium thiosulfate is present 
for dechlorination of the water. 

4. Testing Equipment. 

Test sets must be provided for the determination of residual disinfectant in, and the 
pH of, the pool water. The range must be such as to include the amount of residual 
disinfectant or pH required by the regulatory health authorities. 

Public Health Reasons 

Accurate testing equipment must be supplied to determine if proper chemical dosages 
are being applied. 

5. Disinfection. 

Equipment for the disinfection of pool water must be supplied and kept in good 
working condition at all times. It must maintain the ainount of residual disinfectant in 
all parts of the pool as required by the regulatory health authorities. This equipment must 
be put in operation far enough in advance of any swimming in order to have the 
required disinfectant residual throughout the pool water, and the required residual shall 
be maintained at all times the pool is in use. 

Chlorine is the usual disinfectant used with a normal free chlorine residual require- 
ment of between 0.4 and 1.0 ppm. (Residuals of greater than 1.0 ppm with accompanying 
pH of 8.0 to 8.9 is a recent development.) 

Public Health Reasons 

Minimum residuals of disinfectant must be maintained throughout the pool water 
to insure the killing of pathogenic organisms that can be the specific causitive agents of 
disease. 

Some chemicals, such as chlorine, when maintained at proper residual levels, will 
help prevent the growth of algae that will discolor the pool water and cause the floors 
to be slick. 

6. pH Level. 

pH levels of the Pool water must be maintained between 7.0 and 8.4 unless super- 
chlorination is employed — at which time the maximum pH may increased to 8.9 at 
normal chlorine residuals: however, the optimum level appears to be between 7.5 and 8.0. 

Public Health Reasons 

Proper pH must be maintained to obtain the optimum results from the disinfectant 
and not cause skin and eye irritations. 

7. Swimming Limit. 

Diving Area — ^A maximum of 12 persons is permitted in the area within 10 feet of 
each diving board or platform. Only one person is allowed on any diving board at one 
time. 

Swimming Area — In the area between the transition point and the diving area, one 
person is allowed for each 24 square feet of surface area. 

Non-Swimming Area — In the shallow area, one person is allowed to each 10 square 
feet of surface area. 

Public Health Reasons 

The pool is designed for a maximum number of bathers at any one time. Overloading 
the pool will increase the disinfectant demand and may reduce the water quality. Maximum 
load regulations are also required for safety reasons. 

220 



RuivEs AND Ri;gulations 

8. Personal Regulations. 

All persons should be required to take a cleansing shower bath in the nude before 
entering the pool. Anyone with a communicable disease, skin, eye, ear or nasal troubles 
shall be excluded from the pool. No spitting, spouting of water, or blowing of the nose in 
the pool shall be allowed. Boisterous or rough play should not be tolerated. 

Public Health Reasons 

Cleanliness of bathers will reduce chances of spreading disease and keeping to a 
minimum disinfectant requirements and the load on the filters. 

To exclude those with communicable diseases, skin, eye, ear or nasal troubles and 
to prohibit any discharges from the body, will eliminate possibilities of spreading disease. 

Boisterous or rough play are potentially causitive factors of pool accidents. 

9. Safety Precautions. 

Each public swimming pool, except Types "C", "D" and "E" shall have at least one 
elevated lifeguard chair. One shall be presumed to be adequate for 2,000 square feet or 
fraction thereof. Where pool is provided with more than one lifeguard chair and the width 
is 40 feet or more, they shall be located on each side of the pool. 

The pool area shall be locked up when not under supervision. One or more life 
guards must be on duty at all Types "A" and "B" pools at all bathing hours. A properly 
equipped first aid kit with at least one attendant trained in its use should be on hand at 
all times. 

Solo bathing should not be allowed. Equipment on hand should include a stretcher, 
two woolen blankets, one or more light but strong poles, and one or more ring buoys. 
There should be a telephone with a list of emergency telephone numbers. 

Public Health Reasons 

These precautions will minimize chances of accident and provide emergency equip- 
ment when needed. 

10. Drinking Water. 

Drinking water reported as satisfactory by the State Board of Health Laboratory 
shall be provided. Periodic samples shall be collected by a representative of the regu- 
latory health agency and sent to the State Board of Health Laboratory for analysis. 

Public Health Reasons 

If potable water is not provided for drinking, patrons and employees may con- 
ceivably consume water of a quality detrimental to their health. 

11. Concession Stands. 

If the pool is of the type not requiring fencing, and drinks are consumed by the 
patrons in the swimming area of these pools, no containers of glass or other material 
that may be a hazard to bathers' feet will be allowed. 

Public Health Reasons 

Bathers are naturally barefooted and if glass or other material that may be a 
hazard to bathers' feet are kept out of the pool and swimming area, accidents will be 
minimized. 

12. Operation Reports. 

Operation reports as required by the regulatory health agency shall be accurately 
made and sent to said agency. 

Public Health Reasons 

Records of proper operation are important to prevent accusations that the pool is 
responsible for any communicable disease, skin, eye, ear or nasal infection. Without rec- 
ords, there is no defense. 

13. Housekeeping. 

The bathhouses must be kept clean with the floors and walls cleaned as often as 
necessary and kept as dry as possible. Showers must be scrubbed at least daily and a 
proper disinfectant applied to the floors. Al} plumbing fixtures must be kept in good 
operating condition. Towels must be laundered after each use. The pool, including 
walkways, diving boards, ladders, etc., must be kept clean. The surrounding grounds 
must be kept free of trash and litter. 

Public Health Reasons 

Cleanliness results in the diminution of many pathogenic micro-organisms and also 
many accidents. For esthetic and accident prevention reasons, litter should be eliminated. 



221 Volume 7 



Code of Laws of South Carolina 

Section C — Enforcement Interpretations 

1. Procedure. 

All public, wading, spray or swimming pools, as defined in these regulations, shall 
have an approval from the State Health Officer before construction is started. This ap- 
proval will be based on Section A of these regulations. 

All public swimming pools constructed previous to the date of these regulations must 
conform to Paragraphs 2, 3, 15, 16, 18, 19, 24, 25, 21 and 29 of Section A. Testing 
equipment as described in Sec. A., par. 26, shall be provided. 

All public swimming pools in operation must comply with Section B of these 
regulations. 

Whenever any duly authorized representative of the State Board of Health (or 
the County or City Health Department having jurisdiction) shall find a swimming pool 
is being constructed or equipped, or has been constructed or equipped, without the ap- 
proval of the State Health Officer, or if an authorized representative of the County or 
City Health Department shall find a swimming pool operating that does not comply as 
specified above, the said department official shall notify the owner and/or operator of 
said swimming pool to stop construction or prohibit any person from using said 
swimming pool, and upon such notification to the slieriff of the county, or mayor of the 
municipality, in which the pool is located, it shall be the duty of such sheriff or mayor to 
see that the notice of said representative of the State Board of Health (or the County 
Health Department having jurisdiction) shall be enforced. If and when the owner or 
operator of said pool has, in the opinion of the State Health Officer, met the provisions of 
these regulations, the said department may, in writing, authorize the use again, or renew 
construction of said swimming pool. 

2. Penalties. 

Violation of these regulations shall be punishable in accordance with § 32-17, Code 
of Laws of South Carolina, 1952, by fine not exceeding $100.00 or imprisonment not 
exceeding 30 days; and each day of continued violation shall be a separate oflfense. 

3. Prior Regulations Rescinded. 

All Rules and Regulations on Swimming Pools, previously adopted by the State 
Board of Health that may conflict with these regulations are hereby revoked. 

4. Natural Bathing Places. 

Natural bathing places are not included in these regulations. Approval or disapproval 
of these shall be at the discretion of the County or City Health Officer concerned. 

TRAILER PARKS. 
Cited in James v. City of Greenville, 
227 S. C. 565. 88 S. E. 2d 661 (1955). 

VITAL STATISTICS. 
Birth Certificates. 
Section 18. Contents of birth certificates (Form VS-2). 
Applied in Meetze v. Associated Press, 
230 S. C. 330, 95 S. E. 2d 606 (1956). 

WASTE DISPOSAL SYSTEMS. 
(Filed in the office of the Secretary of State June 26, 1958.) 

These rules and regulations supersede Rules and Regulations Governing Septic Tanks, 
Volume 7, page 644, of the Code of Laws of South Carolina, 1952, filed in the office of the 
Secretary of State February 17, 1944. 

Section 1. Each dwelling unit or building occupied for more than two hours per 
day shall be provided with approved facilities for the disposal of domestic or industrial 
waste. The facilities shall receive the approval of the State Board of Health through a 
duly authorized agent or duly elected or appointed Sanitary District Commission bounded 
by law. prior to construction. 

Section 2. Where public sewers are inaccessible, impracticable, or nonexistent, a 
septic tank sewerage system may be used for the disposal of domestic waste, provided the 
soil is suitable for the proper functioning of this type of disposal system, and provided 
the system is of adequate size and so located and installed that it will not create a public 
health hazard. (A septic tank shall not be installed in case connection to a public sewerage 
system is practicable.) 

Section 3. Each person who proposes to construct, or have constructed, a septic 
tank waste disposal system shall, prior to the initiation of such construction, apply for 

222 



Rui.Es AND Rp;gui.ations 

and obtain from the appropriate health department, or a duly elected or appointed Sani- 
tary District Commission bounded by law, a permit for such construction. The appli- 
cant shall furnish correct information necessary for determination of the feasibility of 
septic tank waste disposal system, such as: size of lot, layout of system on lot, water 
table, type of soil, and any other information deemed necessary. All permit holders shall 
construct the septic tank waste disposal system according to the following rules and 
regulations, and leave system exposed until final inspection is made by a duly authorized 
agent of the South Carolina State Board of Health, or agent of duly authorized Sanitary 
District Commission, for compliance with construction permit, and a certificate of in- 
spection issued. 

Section 4. No part of a septic tank waste disposal system shall be constructed with- 
in fifty (50) feet of a private or public well. 

Section 5. No part of a septic tank waste disposal system shall be constructed with- 
in five (5) feet of a property line, or within five (5) feet of building foundations. 

Section 6. No septic tank shall be installed which has a net liquid capacity of less 
than 730 gallons. 

Section 7. The plans for each septic tank shall be in accordance with approved en- 
gineering standards in general, and the following standards in particular: the length 
shall be at least two (2) but not more than three (3) times the width; the uniform 
liquid depth shall not be less than four (4) feet; and the theoretical detention period shall 
not be less than 24 hours, based on the average daily flow. All tanks shall be constructed 
of a material approved by the health department and shall be water-tight. 

Section 8. Tile Field 

(a) The slope of the drain tile lines shall not be less than two (2) inches, nor more 
than four (4) inches per 100 feet. 

(b) The bottom width of the ditch shall not be less than 18". 

(c) Coarse aggregate under tile line shall not be less than 6" deep. 

(d) The diameter of the drain tile shall not be less than 4" and the length of each 
joint not over 1 foot. Any other type distributor or tile shall have appropriate health 
department approval before used. 

(e) Top half of tile joints shall be covered with strips of asphalt roofing or other 
approved type of joint cover. 

(f) Distribution drop boxes shall be installed where terrain grade is over 4%. 

(g) The length of the tile field will be determined by the number of bedrooms per 
dwelling, or the number of persons using facilities, the soil conditions, and depth of the 
water table, but no tile field shall have less than 100 feet of tile. 

(h) The number of distributor tile lines shall not be less than two (2). 

(i) No individual distributor tile line shall be over 100 feet in length. All tile lines 
shall be installed according to standard engineering procedures. Grade boards shall be 
set prior to construction of lines. 

(j) The depth of coarse aggregate over the tile line shall not be less than 3". 

(k) The depth of earth cover over coarse aggregate shall not be less than 9". 

Section 9. The minimum elevation of the ground water table shall be at least three 
(3) feet below the surface. Rock formations or other impervious strata should be at a 
depth greater than six (6) feet below the surface. 

Section 10. A grease trap shall be installed on the kitchen waste line preceding the 
septic tank in each case where the tank serves a boarding house, cafe, restaurant, hotel, 
or other public eating place. The grease trap shall have a theoretical detention period 
of at least thirty minutes. Grease traps opening into the kitchen will not be approved. 

Section 11. The plans and specifications for each septic tank and disposal field in- 
stallation having a capacity of two thousand (2,000) gallons, or serving sixty (60") or 
more persons shall be submitted to the Division of Sanitary Engineering of the State 
Board of Health through the local health department, and approved by the State Health 
Officer, before the unit is installed. Each such tank shall be constructed so as to have 
an effluent compartment not longer than one-third the total length of the tank, nor 
shorter than three (3) feet, and shall be equipped with a dosing chamber and siphon if 
a tile field or filter is used for secondary treatment of the tank effluent, unless otherwise 
authorized. 

Section 12. No septic tank or filter effluent shall be approved for discharge into 
Jiny stream in South Carolina by a duly authorized agent of the South Carolina State 

223 



Code op Laws of South Carouna 

Board of Health without the concurrence of the South Carolina Water Pollution Cono 
trol Authority. 

Section 13. No septic tank shall be cleaned (pumped out), or the effluent from any 
septic tank disposed of in any manner whatsoever, without first receiving a permit from 
the local health department. 

Section 14. All rules and regulations pertaining to septic tanks heretofore promul- 
gated are hereby declared null and void. 

Section 15. Failure to comply with the provisions of any section or subsection of 
these regulations constitutes a violation thereof, and shall constitute, according to Sec- 
tion 32-17, Code of Laws of South Carolina, 1952, a misdemeanor, punishable as pro- 
vided in that section. 

WATER SUPPLY AND WATER PURIFICATION PLANTS. 

Addition of Fluorides to Public Water Supplies. 
(Filed in the office of the Secretary of State September 21, 1959.) 

Section 15. No municipality, industry, water company, or individual operating a 
public or semi-public water supply shall add sodium fluoride, sodium silicofluoride or 
fluoride in any form to a public or semi-public water supply without first having obtained 
the written approval of the State Health Officer or his representative authorized to give 
this approval. This approval will be based principally on the equipment to feed the 
fluoride, equipment for testing the amount of fluoride that has been added, the qualifica- 
tions of the personnel to operate and keep records of such injections, and the amount 
of natural fluorides present in the water supply. 

Tests shall be made at least daily and recorded. These records shall be preserved for 
at least ten years. Records, as required by the State Board of Health, shall be supplied. 

Samples of water from the distribution system must be collected and mailed monthly 
to the Division of Sanitary Engineering of the State Board of Health in Columbia. 
Sample bottles and mailing tubes will be supplied by the State Board of Health. 

If, at any time, the State Health Officer has reasons to believe the proper dosages are 
not being administered, he may order the discontinuance of such injections. 

Highway Commission, State. 

Adopted by the South Carouna State Highway Commission. 

Advertising Contracts and Purchases. 

Bidders, Prequalification of. 

Hilton Head Ferry in Beaufort County, Vehicle Load and Size Limits. 

ADVERTISING CONTRACTS AND PURCHASES. 
Pursuant to § 33-222, S. C. Code of 1952, and §§ 33-222 to 33-222.4, this supplement 
[Act No. 746 of 1956, p. 1752]. 
Repealed by action filed in office of Secretary of State Mav 29, 1956. 

PREQUALIFICATION OF BIDDERS. 

Pursuant to § 33-223, S. C. Code of 1952. 
(Filed in the office of the Secretary of State November 21, 1959.) 
1. Eflfective January 1, 1960 persons, firms or corporations eligible to bid on con- 
struction work of the State Highway Department shall have qualified as herein required. 
No bids for such work will be considered by the State Highway Department after that 
date except from persons, firms or corporations that have so qualified. Each contractor will 
be given a rating designed to indicate the kind and quantity of work which he is eligible 
to be awarded. Eligible contractors will be classified as; paving contractors — these may be 
awarded projects that include paving, grading and minor drainage structures; grading 
contractors — these may be awarded projects that include grading and minor drainage 
structures; bituminous surfacing contractors — these may be awarded projects that 
include bituminous surfacing, grading and minor drainage structures; bridge contractors — 
these may be awarded projects that consist of bridges and other similar structures; seed- 
ing and grassing contractors; hydraulic embankment contractors; jetty or groin con- 
tractors; sign contractors; and general contractors — these may be awarded projects that 
embrace any of the foregoing classifications. Each contractor who qualifies for any one 
of the classifications will be rated according to the quantity of work that his experience, 
liquid capital, and responsibility record would, in the judgment of the Highway Depart- 
ment, warrant him to undertake. 

224 



Ruizes and Regulations 

2. Classifications and ratings will in each case be based on a verified showing of 
experience, net liquid assets, responsibility record, and available equipment. A prerequisite 
to classification and rating will be a sworn statement furnished the Department by the 
applicant — this statement to be made on a form provided by the Department and to 
carry all information required by the Department. Contracors making application for 
qualification for the first time and those desiring to revise their ratings must file their 
statements with the Department at least seven (7) days prior to the date on which they 
desire to become qualified for bidding. However, on projects of value less than $20,000.00 
contractors may bid after furnishing the required statements as to experience, capital and 
record of responsibility, without regard to the time limitation referred to above. 

3. The sworn statement called for in Paragraph 2 above shall be made up by filling 
in the Department's standard questionnaire form and shall show: 

(a) The experience of the applicant in handling the character of work for which 
he desires to become an eligible contractor. 

(b) The liquid assets of the applicant available for carrying on construction work. 

(c) A description of the equipment owned by the applicant suitable for carrying on 
such work. 

(d) A list of references, giving names of responsible persons having knowledge of 
the applicant's character, experience and capabilities. 

(e) Such other information as may be called for in the Department's form. 

4. Qualified contractors will be rated according to the following rules: 

(a) Contractors must show net liquid assets (which may include verified bank 
credit) at least equal to 15% of the capacity or eligibility rating that will be assigned to 
them; that is to say, no contractor will be eligible to bid on any project of value so great 
that his net liquid assets will not be at least equal to 15% of the contract amount. 

(b) In addition to the net liquid assets necessary to be shown for a given capacity 
rating, contractors must also show that they possess and have available appropriate and 
sufficient equipment to perform satisfactorily the kind and quantity of work contem- 
plated by the classification and rating, or in lieu of actual equipment on hand, the showing 
of net liquid assets must be sufficient to provide the necessary equipment in addition to 
meeting the percentage requirements stated above. 

(c) The experience showing made by qualified contractors will -also aflfect their 
capacity ratings. Contractors who have performed work for the South Carolina State 
Highway Department in a satisfactory manner and who have demonstrated their re- 
sponsibility to the satisfaction of the Department will be assigned capacity ratings with- 
out further limitations than those indicated by Paragraphs (a) and (b) above — the classifi- 
cation in each case to be determined by the quality of work hitherto performed. 

(d) Contractors who have gained their experience and established their responsi- 
bility on comparable work for other agencies will be given capacity ratings commensurate 
with the magnitude of such work, unless limited by their net liquid assets and equipment 
as provided in Paragraphs (a) and (b) above. The classification in each case will be ap- 
propriate to the experience showing. 

(e) The capacity ratings referred to herein represent the largest single contract 
that the contractor may be awarded. 

5. No applicant who has failed to carry out any contract awarded him by the South 
Carolina State Highway Department will be qualified as eligible in any classification. 
This requirement, however, shall not serve to bar persons having so failed from serving 
as employees of otherwise eligible contractors. 

6. Classifications and capacity ratings of qualified contractors will be fixed by the 
Department subject to the foregoing limitations, the rating in each case to be limited 
by the requirement affording the maximum restriction. 

7. Each contractor qualifying under these rules and regulations will be furnished a 
Contractor's Certificate showing his classifications and ratings and bids from him will be 
read and considered only for projects within the limitations thus fixed. At its discretion 
the Department may call on any, or all, contractors for current statements and the 
contractor's rating may be modified to conform with the new showing, provided that 
should any contractor fail to comply with the Department's request for additional sworn 
statements within thirty (30) days after they are called for, then the Department may 
change his capacity rating or declare him ineligible pending receipt of the new statement. 

8. Regardless of capacity rating, no contractor whose progress on work under way is 
not satisfactory to the Department will be awarded additional work. Also, contractors 
whose conduct of their work shows incompetency or irresponsibility may be disqualified 
without notice. 

225 



CoDi; OF Laws of South Carolina 

;^ . 9. Certificates of classification heretofore issued by the Department, and currently in 
effect, are hereby validated; and the same are hereby subject to all the provisions of 
these Rules and Regulations the same as if they had been issued under these Rules and 
Regulations. 

HILTON HEAD FERRY IN BEAUFORT COUNTY, VEHICLE LOAD AND 

SIZE LIMITS. 
(Filed in the office of the Secretary of State June 25, 1959.) 
This ferry has been replaced by a bridge constructed under the provisions of Act 
267 of 1953. 

[Rules and regulations omitted.] 

MOTOR VEHICLE DRIVER'S LICENSES. 

(Filed in the office of the Secretary of State June 25, 1959.) 
Rules and Regulations, 1952 Code, Volume 7, pages 695-696, governing Motor 
Vehicle Driver's Licenses, have been superseded by Act No. 255 of 1959, effective 
July 1, 1959. 

Industrial Commission. 

Adopted by the South Carouna Industriai, Commissioner. 
Pursuant to § 72-59, S. C. Code of 1952. 
7. 

Failure of employer presumptively ex- employee, if he so desired, could file his 
eluded from act to file notice. — When an notice of election not to come under the 
employer which, having less than fifteen terms of the act. Until this was done it 
employees in South Carolina, was presump- could not reasonably be held that the 
tively excluded from the provisions of the Workmen's Compensation Act, on a cause 
Workmen's Compensation Act, elected to of action for assault and battery, constituted 
come under its terms, it was incumbent the employee's exclusive remedy. Herring 
upon such employer to give its employee v. Lawrence Warehouse Co., 222 S. C. 226, 
notice that it had so elected, so that the 12. S. E. 2d 453 (1952). 

12. 

Stopping payment on temporary award. 352 and made application to Commission 

— In accord with paragraph under this for permission to discontinue payments 

catchline in Code. See Singleton v. Young under agreement made pursuant to § 72-351, 

Lumber Company, 236 S. C. 54, 114 S. E. and employer stopped payments without 

2d %Z1 (1960). having legal right so to do. Singleton v. 

Payments stopped illegally. — Where doc- Young Lumber Company, 236 S. C. 454, 

tor found that employee needed no further 114 S. E. 22d 837 (1960). 
medical treatment and had reached maxi- 
mum improvement, employer should have Cited in Godfrey v. Mills Mill No. 2, 

followed procedure in this Rule and § 72- 234 S. C. 442, 108 S. E. 2d 832 (1959). 

14. 

Granting or refusal of continuance rests interfered with unless abuse thereof is 

in sound discretion of Commission and shown. Gurley v. Mills Mill, 225 S. C. 46, 

such discretion when exercised will not be 80 S. E. 2d 745 (1954). 

20. 

(Filed in the office of the Secretary of State April 27, 1954.) 
In all contested cases before a Single Commissioner, and on all appeal cases to the Full 
Commission, only licensed attorneys in South Carolina shall be allowed to practice before the 
South Carolina Industrial Commission: PROVIDED, HOWEVER, that should out of State 
licensed attorneys have associated with them an attorney or attorneys of this State, the fore- 
going requirements may be waived by the Commission. 

23. 

(Filed in the office of the Secretary of State September 3, 1957.) 
A standing hearing cost of twenty-five dollars be charged on all single commissioner 
hearings; charges for any additional costs such as registered letters, subpoenas, or testi- 
mony separately from the twenty-five dollars. 

30. 

(Filed in the office of the Secretary of State December 19, 1957.) 
After appeal argument, all cases on review by the full Commission shall be decided 
in thirty calendar days and an opinion shall be issued to the parties in sixty calendar days. 

226 



Rules and ReguIvATions 

After being filed, cases submitted on the record, petitions, motions, and all special matters 
shall be decided in thirty calendar days, and an appropriate opinion issued to the parties 
in sixty calendar days. A Commissioner who has not expressly voted on any case on 
review by signature recorded in the Commission vote book in the thirty days allowed 
shall be deemed as affirming in toto the decision and award of the Single Commissioner, 
and thereafter may not vote a contrary conclusion in any official manner. A Commissioner 
who has not expressly voted on any special matter by signature recorded in the Com- 
mission vote book in the thirty days allowed shall be deemed as not participating in any 
decision reached and thereafter may not participate in the opinion. The periods of time 
specified herein are exclusive of the day of appeal argument and the day of filing of 
record cases and special matters. This rule on become effective shall apply to all pending 
review cases and other matters referred to herein, and the periods of time as specified 
shall run from and include the effective date of this rule. 

31. 

(Filed in the office of the Secretary of State February 4, 1958.) 
In every proposed compromise subrogation settlement, the Full Commission will 
conduct a thorough inquiry, after reasonable notice to all interested parties and by appro- 
priate proceedings, for determining whether such settlement properly protects all rights 
and causes of action of each the injured employee, his dependents, and the subrogated 
employer or the subrogated insurance carrier. 

Insurance Commissioner, Chief. 

Adopted by the South Carolina Insurance Commissioner. 
Pursuant to § 37-58, S. C. Code of 1952, unless otherwise noted. 
Agents, Licensing, and Division of Commission. 
Fire and Casualty Agents From Augusta, Licensing. 
Industrial Insurance Agents, Relicensing. 
Liquefied Petroleum Gases. 

Motor Vehicle Safety Responsibility Act, South Carolina. 
Regulation. 

Small Loan Act, Insurance Relating to. 
Windstorm and Hail $50.00 Deductible Clause; 

New Term Insurance Rule; Term of Automobile Liability Policies. 

LICENSING OF AGENTS AND DIVISION OF COMMISSION. 
(Filed in the office of the Secretary of State April 6, 1959.) 

1. This Department confines licensing of Resident or Non-Resident Agents and 
Resident or Non-Resident Brokers to individuals and does not permit licensing of 
firms, companies, partnerships or corporations as an Agent or Broker. Some doubts 
appear to have arisen as to the correctness of our position in the matter. Attorney 
General's Opinion No. 568 dated January 10, 1959, sustains our position. 

2. The effect of the restriction set forth in above paragraph as related to the 
provisions of Section 254 of Title 37 of the South Carolina Code prohibits firms, com- 
panies, partnerships or corporations from participating in any insurance commis- 
sions. This is sustained by Attorney General's Opinion No. 573 dated March 26, 
1959. 

3. Therefore, notice is hereby gfiven that violation of conditions or requirements 
hereinbefore set forth will be subject to citation of insurance company or agent or 
broker involved to show cause why license should not be revoked and to assessment 
of such penalties as are prescribed by law. 

LICENSING FIRE AND CASUALTY AGENTS FROM AUGUSTA, GEORGIA. 

Pursuant to § 37-58, S. C. Code of 1952, and §§ 37-203.2, 37-222.1 and 37-246.1, this 

supplement [Act No. 359 of 1957, p. 534]. 

(Filed in the office of the Secretary of State April 23, 1958.) 

App'ications of fire and casualty agents in Augusta, Georgia, will be considered for 

licensing in North Augusta, S. C, and Beech Island, S. C., but that the au'chority granted 

under such licenses will not extend to territory in the State beyond North Augusta, S. C, 

&nd Beech Island, S. C. 



'227 



Code of Laws of South Carolina 

RELICENSING INDUSTRIAL INSURANCE AGENTS, 
(Filed in the office of the Secretary of State December 28, 1956.) 

Industrial insurance agents who terminate their employment with a particular com- 
pany will not be relicensed as agents for any other company operating in the same territory 
as the company with which the agent was previously licensed, for a period of ninety 
(90) days after the agent's termination of employment with the first company, unless 
(a) an affidavit be given by the company seeking his appointment as agent, that the 
territory or debit assigned will be outside of the territory served by the agent in his 
immediately previous employment. In such affidavit, the territory shall be specifically 
stated and said affidavit shall be signed by an executive of the company and the pro- 
posed agent. The provisions of this Regulation shall not be applicable where the company 
formerly employing such agent certifies to the Commissioner that it has no objection that 
such agent be employed in the territory formerly served by the agent. 

Upon cessation of employment with a company, no agent will be relicensed unless the 
company which the agent formerly represented certifies that there are no charges, dis- 
crepancies, or agent's balances left pending. 

The foregoing shall become effective January 1, 1957. 

LIQUEFIED PETROLEUM GASES. 

Promulgated under authority of §§ 66-440.6 and 66-440.7, this supplement 
[Act No. 785 of 1952, p. 1945]. 
(Filed in the office of the Secretary of State July 7, 1958.) 
A copy of the Standards of the National Board of Fire Underwriters for the Storage and 
Handling of Liquefied Petroleum Gases as Recommended by the National Fire Pro- 
tection Association, dated June, 1958, was filed in the office of the Secretary of State 
July 7, 1958. Those interested should refer to same. 

(Filed in the office of the Secretary of State July 14, 1959.) 

Amendments. 

June, 1959, Amendments to the June, 1958, Standards of the National Board of Fire 
Underwriters Pamphlet No. 58, for the Storage and Handling of Liquefied Petroleum 
Gases is filed in the office of the Secretary of State. Those interested should refer to 
this copy. 

SOUTH CAROLINA MOTOR VEHICLE SAFETY RESPONSIBILITY ACT. 

(Filed in the off.ce of the Secretary of State November 30, 1959.) 

1. In view of the proof of financial responsibility as applying to insurance that will 
be required on and after January 1, 1960, in accordance with Section 1 of Act No. 723 
of 1952, as amended by Section 1 of Act No. 311 of 1959, it is hereby ordered that all 
policies of insurance affording any form of automobile liability coverage on risks located 
in this state must be endorsed or issued to afford, on and after January 1, 1960, coverages 
and limits of liability commonly referred to as "10/20/5" and as prescribed and defined 
by Section 21 of Act No. 723 of" 1952, as amended by Section 11 of Act No. 311 of 1959. 

2. The above applies to all such policies effective prior to January 1, 1960, and re- 
maining in force on or after January 1, 1960, to the same extent as to all such policies 
effective on or after January 1, 1960. 

3. Companies may waive additional premium charges necessary to accomplish the 
above with respect to such policies effective prior to January 1, 1960, but must give this 
office written notice that all such policies affected by the foregoing will be construed to 
comply with this order on and after January 1, 1960, if it is desired that premium charges 
relative to the foregoing be waived and, further, if it is desired that such endorsements 
not be issued for each policy in effect. 

4. Additional bulletins, orders, or directives will follow shortly covering other areas 
of automobile liability insurance that are related to subject Act. 

REGULATION. 

(Filed in the office of the Secretary of State December 20, 1954.) 
On and after January 1, 1955, no insurance company doing business in South Caro- 
lina shall issue life insurance policies which contain a provision for the creation and 
maintenance of a fund to be distributed at the end of a period of time greater than five 
years to any group of policyholders and/or beneficiaries determined by conditions of 
persistency and/or survivorship unless the amount of participation is specified in the policy. 

228 



Rules and Regulations 

INSURANCE RELATING TO THE SMALL LOAN ACT 
Pursuant to § 37-58, S. C. Code of 19S2. 
(Filed in the office of the Secretary of State August 26, 1957, unless otherwise indicated.) 
The following regulations with respect to insurance written in connection with the 
Small Loan Act are established effective October 1, 1957. 

1. That all insurance written in connection with loans under the Small Loan Act 
will be limited to coverage on a single interest or decreasing balance basis, except 
Property Damage Insurance. In short, no insurance under these loans will be permitted 
on a so-called double interest or level basis, except Property Damage Insurance. (As 
amended filed September 13, 1957.) 

2. No insurance is permitted in connection with loans where the cash the borrower 
actually receives is $20.00 or less. 

3. That Credit Life Insurance is authorized on all loans where cash to borrower is in 
excess of $20.00. Credit Life Insurance premiums shall not be in excess of 1% of the face 
amount of the note. A minimum premium for Credit Life Insurance of 50^ is established. 
No insurance is to be written on loans of one and two-week term. (As amended filed 
September 20, 1957.) 

4. Accident and Health insurance is authorized on all loans where cash to borrower 
is in excess of $20.00. Rates and limitations on Accident and Health insurance now ap- 
proved by the Insurance Department for insurance companies authorized to write insur- 
ance under the Small Loan Act are continued. This must be based on the face amount 
of the note. All Accident and Health insurance will be written to the nearest month on 
weekly repayment loans. On monthly contracts the Accident and Health insurance will 
not be written for a term in excess of the term of the note. No insurance is to be written 
on loans of one and two-week term. (As amended filed September 20, 1957.) 

5. Property Damage Insurance on the property secured by the note is authorized 
where the borrower actually receives cash of $20.00 or more, provided that property 
insurance may not be Avritten on both an automobile and personal effects. Such property 
insurance must be confined to one or the other afore-mentioned classes of property. The 
rates for single interest insurance on personal effects will be 1% of the face of the note, 
and the single interest rate on automobile insurance will be limited to 2% of tlie same 
amount. Single Interest Insurance only is authorized on personal effects and automobile 
loans of cash to borrower in excess of $20.00, but double interest, with respect to auto- 
mobile insurance only, may be substituted for single interest on loans of cash to borrower 
in excess of $200.00. The rates for such double interest automobile insurance shall be the 
regular automobile double interest rates on file vnth the Insurance Department by the 
insurer. Property insurance shall not exceed the note by more than the next $10.00. A 
minimum premium of 50(^ shall apply and be retained in event of cancellation. (As amended 
filed September 13, 1957.) 

6. That policy writing fees are prohibited. 

7. That the charging of any non-recording insurance premium to the borrower is 
prohibited. 

8. That all Accident and Health claims must be supported by a licensed physician's 
certificate, and Accident and Health claims will be reported to the insurance company 
within 48 hours of receipt of notice of claim by the lending agency, whether such notice is 
written or oral, or however meager the information contained in the notice may be. 

9. That all insurance claims will be paid by the insurance company and not by the 
lending agency. 

10. That the insurance companies writing insurance that is authorized under the 
Small Loan Act will adopt a uniform Accident & Health claim form and Accident & 
Health claims will be reported on this form exclusively. 

11. That in the applicable form furnished the borrower all information required by 
Section 14 (d) of the Small Loan Act, including a breakdown of insurance charges by 
classes of insurance coverage, will be disclosed. 

12. That insurance companies will maintain the customary reserves for each class of 
insurance written. 

13. That insurance companies writing insurance authorized under the Small Loan 
Act and/or by agency contracts with lending agencies will report to the Insurance De- 
partment statistics under these regulations on each 6 months calendar period as of 
December 31st and as of June 30th, notwithstanding that the first reports to be filed with 
the Insurance Department shall be for the period of July 2, 1956, through June 30, 1957, 
and shall be filed on or before October 1, 1957. Subsequent reports for aforesaid 6 months 
periods will be due in the Insurance Department offices within 60 days from the expira- 
tion of such periods. These statistics shall include the claim experience on an incurred 
basis, the premium receipts on an earned basis, and the expense experience on an incurred 

229 



Code of Laws of South Carolina 

basis. The statistical reports shall include above breakdown on Credit Life, Accident & 
Health, Personal Effects Property Insurance, and Automobile Property Insurance written 
in connection with the Small Loan Act and/or by agency contract with the lending 
agencies in this State on a statewide basis and not on an individual lending agency basis. 
Statistical reports will be submitted over the signature of an Executive Officer of the 
Company and over the Probate of a Notary Public. 

14. That any suppression of claims on the part of the lending agency or the insurance 
company will be grounds for immediate citation of either to show cause why insurance 
license of either should not be revoked or suspended. 

15. That cancellation of Credit Life and Accident and Health and Property coverages 
so far as returns are concerned will be calculated on the Rule of 78. (As amended filed 
September 13, 1957.) 

16. All commission plans, other than the plan hereinafter prescribed, are prohibited. 
The prescribed plan is as follows: 

The licensed individual in the lending agency will remit not less than 45% of the 
gross premiums to the insurance company with the interim reports. A further commission, 
called a contingent commission, will be authorized the licensed individual in the lending 
agency, based on the claim ratio of the business produced to the insurance company by the 
particular lending agency; that is, a ratable contingent commission to the extent that such 
claim ratio is less than 30%, but not less than 20%. In short, the maximum contingent 
commission would be 10%. For example, if the claim ratio is 29%. a 1% contingent is 
allowed and, if the claim ratio is 28%, a 2% contingent commission would be allowed, 
etc., provided such contingent commission does not exceed 10%, which of course would 
be produced by a 20% claim ratio. (As amended filed February 25, 1958.) 

^ 17. That in determining said contingent commission, calendar quarterly will be the 
basis of the time period and in each calendar quarter (January 1st through March 31st, 
April 1st through June 30th, July 1st through September 30th and October 1st through 
December 31st), the settlement for above contingent commission will be on an earned 
basis as to premiums and a paid basis as to claims. The quarterly experience shall be 
cumulative for the four quarters of the year, but not cumulative for periods in excess of 
one year. In each cumulative statement the contingent commission paid for each previous 
quarter will be debited against the agent. In event of termination of the agency, the final 
period of contingent commission settlement will not be calculated until liability on all 
policies has expired either by run-off, cancellation or re-insurance in a licensed company 
or, in any event, the final statement will not be due before expiration of six months from 
the date of termination of the agency. For the purpose of making this amended Order or 
Regulation operative, the first statement for determination of contingent will cover the 
period February 1, 1958 through March 31, 1958. The contingent statements will be 
furnished the agents not later than 30 days after expiration of the period involved. (As 
amended filed February 25, 1958.) 

18. That any plan, such as sale of stock, dividends on stock, loans, absorbing certain 
expenses, or anything else which directly, or indirectly, operates to increase above said 
commission plans, both advance or contingent, are prohibited. 

19. That each insurance company file with the Insurance Department a list of lending 
agencies for which it is writing business by agency contract and/or in which there are 
licensed individuals. Changes in the list will be promptly furnished the Insurance Depart- 
ment. The contents of such lists will be placed in the confidential files of the Department. 

20. That violation of any of these regulations by Agent or Company will be sufficient 
grounds for either, or both, to be cited to show cause why insurance license should not be 
revoked or suspended. 

21. That the effective date of these regulations be October 1, 1957, and that these 
regulations supersede and replace existing regulations, except where existing rate regu- 
lations and limitations are specifically continued above. 

22. The Small Loan Division, Board of Bank Control, 5th Floor. Carolina Life 
Building, Columbia, S. C, shall be furnished with evidence of each death claim paid by 
a Credit Life Insurance Company through a Small Loan Licensee. (Filed September 20, 
1957.) 

(Nos. 23 to 29 filed February 25, 1958.) 

23. It is understood that contracts or agency agreements between insurance com- 
panies and agents will be amended to meet the aforesaid requirements in paragraphs 1 
and 2. 

24. Insurance companies are reminded that statistics on the business from July 1, 
1957, through December 31, 1957, will be due not later than March 1, 1958, in accord- 
ance with the provisions of paragraph 13 of previous Orders. Statistics on classes of 
insurance (Credit Life, Accident and Health and Property Damage) will be separately 
reported and not combined. 

230 



'•-•' Rules and Regulations 

25. In event that death, or claim under property insurance, pays off the balance of 
the loan, a premium refund from the date of death or date of property loss will be cal- 
culated on the Rule of 78 and refunded the borrower, beneficiary or estate. Such refunds 
as may be due under the Accident and Health insurance by reason of above claims or 
losses paying off the balance will also be refunded the borrower, beneficiary or estate. 

26. In event of claim for death, or claim for constructive total property loss, claim 
will be filed by the finance agent for the gross balance due, subject to the provisions of 
the policy, and the finance agent will calculate and be responsible for such refunds as 
are due. Itemization of the refunds due will be indicated on the face of the claim form 
filed with the company. 

27. The name of the insurance company shall be displayed on all rate and refund 
charts in use. This may be accomplished by the use of a rubber stamp, or typing, or 

writing in ink, the following words on each chart: "By courtesy of the 

Insurance Company". 

28. Claim forms must be fully completed. In respect to Accident and Health claims 
of less than $10.00, an employer's statement or the name of the attending physician must 
be furnished. Where the borrower is unemployed or self-employed, the name of the at- 
tending physician will be required. Certificate of the attending physician continues to 
be required for Accident and Health claims of $10.00 or more. 

29. Nothing in this Order may be construed to establish any criteria for rate-making 
purposes. 

WINDSTORM AND HAIL $50.00 DEDUCTIBLE CLAUSE; NEW TERM 
INSURANCE RULE; TERM OF AUTOMOBILE LIABILITY POLICIES. 

(Filed in the office of the Secretary of State, November 12, 1957.) 

1. The rules of the South Carolina Inspection & Rating Bureau filed and approved 
with this Department with respect to the $50.00 Deductible Clause for Windstorm and 
Hail, and the new Term Insurance Rule, are hereby established as uniform in South 
Carolina and are, therefore, applicable to all licensed companies. No deviations or separate 
filings departing from above will be accepted. 

2. No Automobile Liability Policy will be issued for a term in excess of 12 months. 

Law^ Enforcement Division, South Carolina. 

Adopted by Chiee oe South Carolina Law Enforcement Division. 
Pursuant to § 65-981.5, this supplement [Act No. 80 of 1957, p. 89]. 

LICENSING DETECTIVES AND DETECTIVE AGENCIES. 

(Filed in the office of the Secretary of State July 2, 1957.) 

1. All applications for license must be submitted on forms prescribed by the South 
Carolina Law Enforcement Division and must be accompanied by payment of $25.00. 

2. Bonds to be furnished must be by some surety company authorized to write of- 
ficial bonds in this State. 

3. Ten days prior to any hearing upon suspension or revocation of a license, notice 
will be given to the parties involved, together with grounds upon which action may be 
taken. If any license be suspended or revoked, the holder thereof shall immediately sur- 
render it to the Chief of the South Carolina Law Enforcement Division. 

4. Licenses issued to detective agencies must be displayed in the place of business 
of such agency at all times and all detectives licensed under the provisions of the Act 
must carry upon their person at all times while engaged in the business of detectives, an 
identification card or other proof to be furnished by the South Carolina Law Enforce- 
ment Division, certifying that such detective is licensed in this State. 

5. All detective agencies seeking to be licensed must procure a license before engag- 
ing in business and every detective must similarly obtain a license. 

6. Applications for renewal of license must be made thirty days before the expiration 
of any license previously granted, said application to be upon such forms as the Law 
Enforcement Division may prescribe, and accompanied by payment of $25.00. 



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CoDD OF Laws of South Carolina 

Mental Health Commission. 

Examiners. 

Traffic Rules and Regulations for the State Hospital and Pineland. 

EXAMINERS. 

Pursuant to §§ 32-891 et seq. (Act No. 836 of 1952, p. 2042). 

(Filed in the office of the Secretary of State April 28. 1960.) 
For the purpose of carrying out the provisions of Act 836, Article I, Section 1, Sub- 
section (e), Acts and Joint Resolutions of the General Assembly of South Carolina, 
1952, as amended, the South Carolina Mental Health Commission has designated as 
Examiners any physician licensed to practice medicine under the laws of this State, 
or a medical officer of the Government of the United States while in this State in per- 
formance of his official duties. 

TRAFFIC RULES AND REGULATIONS FOR THE STATE HOSPITAL 

AND PINELAND. 

Pursuant to § 46-807.1, this supplement (Act No. 262 of 1959, p. 484). 
(Filed in the office of the Secretary of State August 4, 1959.) 

I. The Superintendents of the S. C. State Hospital and Pineland, A State Training 
School and Hospital, are hereby authorized to implement and enforce the provisions 
of the aforementioned Act and name the effective date of these rules and regulations. 

II. When any of the violations listed below have occurred, the violator may post bond, 
in the amount stated opposite the violation, with the Hospital Comptroller. H bond is 
not posted within three days from the date of violation, a warrant will be issued sum- 
moning the violator to trial. 

III. Bond may not be posted for any violations of State traffic laws that occur within 
grounds of the State Hospital or Pineland, A State Training School and Hospital, but 
violators of these laws will be arrested and tried under the applicable State traffic law 
by the court of proper jurisdiction. 

Violations and Bonds 

1. Parking Improperly $ 2.00 

2. Parking at Fire Plug 5.00 

3. Double Parking 3.00 

4. Parking Overtime 2.00 

5. Driving too fast for conditions 10.00 

6. Reckless Driving 10.00 

7. Running Stop Sign 5.50 

8. Driving Wrong Direction on One Way Street 5.50 

9. No Muffler or Unnecessary Noise 10.50 

10. Employees Driving Without Hospital I. D. Tags 2.00 

11. Failure to Return I. D. Tags when Disposing of Automobile or Leaving Em- 
ployment 2.00 

Nursing, State Board of. 

Pursuant to § 56-967. S. C. Code of 1952. 
(Filed in the office of the Secretary of State June 30, 1959.) 
Effective July 1, 1959, unless Otherwise Indicated. 
Regulation No. 1 — Responsibilities of the State Board of Nursing for South Carolina. 

The State Board of Nursing is designated by law as the administrator of the Act 
governing nursing in South Carolina, and it is delegated by Section 56-967 of the 
S. C. Code of 1952 as amended by Act 170 of 1959 to make such rules and regulations 
as it may deem necessary for purposes of carrying out provisions of the Act. The 
Board delegates functions in order to carry out its tasks, and outlines its specific 
responsibilities to include but which are not limited to the following. 

1.1. Maintaining an office for the purpose of carrying on its work, and providing 
funds, facilities, and equipment for its operation. 

1.2. Appointing an executive director, fixing her compensation, defining her duties, 
and allocating positions for other office and professional personnel. 

1.3. Delegating to the executive director responsibility for overall management of 
the work of the Board. 

1.4. Establishing policies governing conditions of employment of personnel. 

232 



Rules and Regulations 

1.5. Establishing policies governing finances, and providing for an annual audit 
of the financial afifairs of the Board. 

1.6. Approving annually a budget of expenditures necessary for carrying on the 
work. 

1.7. Hearing financial reports and progress reports of the work. 

1.8. Preparing, revievi^ing, and administering examinations leading to license. 

1.9. Meeting at least once a year and as often as necessary in Columbia for the 
purpose of examining applicants for certificates as registered nurse and as licensed 
practical nurse, and for the transaction of other business that may come before it. 

1.10. Setting standards and policies for accreditation of schools of nursing and 
courses in practical nursing. 

1.11. Giving educational guidance to schools of nursing and courses in practical 
nursing. 

1.12. Hearing reports of surveys of schools of nursing and courses in practical 
nursing, ruling on the status of accreditation of such schools and courses, and evalu- 
ating applications from institutions wishing to initiate schools or courses. 

1.13. Mantaining legal records and a file of all nurses who have been licensed to 
practice as registered nurses or as licensed practical nurses. 

1.14. Establishing policies for issuing certificates as registered nurse and as licensed 
practical nurse by examination and endorsement. 

1.15. Cooperating with nursing and related organizations and health agencies for 
the promotion of good standards of nursing education and nursing care in the state. 

1.16. Investigating cases of violation of the Act governing nursing, conducting 
hearings, and ruling on the revocation, suspension, or restoration of a license to practice. 

1.17. Electing annually a president and a secretary-treasurer from the nurse mem- 
bers of the Board, and appointing committees as necessary. 

Regulation No. 2 — The Executive Director and Secretary-Treasurer Responsible for 
Finances, Expenditures Approved by President of Board (56-970). 

2.1. The executive director is authorized to sign and issue checks for expenses of 
conducting the work of the Board, such checks to be drawn from funds held in the 
current operating account. In the event of absence of the executive director or inability 
to sign, the treasurer may sign checks for necessary payments of items of expense. 

2.2. Funds shall be deposited in a bank designated by the Board, and the in- 
vestment of funds shall be determined by the Board. Any changes in investments shall 
require the signatures of either the executive director and the treasurer or the presi- 
dent of the Board and the treasurer. 

2.3. All disbursements from the funds of the Board shall have the approval of 
its president. 

Regulation No. 3 — Traveling Expenses and per Diem. 

3.1. The per diem allowance for a board member engaged in the duties of his 
office shall be $10.00; and the travel allowance when traveling by personal car shall 
be seven cents per mile. 

3.2. The executive director and other professional employees are allowed neces- 
sary expenses incurred in the performance of their duties, and seven cents per mile 
when traveling by personal car away from city of residence. 

Regulation No. A — Code of Conduct. 

4.1. The State Board of Nursing accepts the code of ethics for professional nurses 
and the code of ethics for practical nurses as guides for standards of practice exempli- 
fying conduct expected of professional nurses and practical nurses registered and licensed 
under the Act, however without limiting the definitions of such practice to the terms of 
such codes. 

4.2. A Code for Professional Nurses, adopted 1950 by the South Carolina State 

Nurses' Association: 

Professional nurses minister to the sick, assume responsibility for creating a physi- 
cal, social and spiritual environment which will be conducive to recovery, and stress 
the prevention of illness and the promotion of health by teaching and example. They 
render health service to the individual, the family, and community, and coordinate 
their services with members of other health professions involved in specific situations. 

Service to mankind is the primary function of nurses and the reason for existence 
of the nursing profession. Need for nursing service is universal. Professional nursing 
service is therefore unrestricted by considerations of nationality, race, creed, or color. 

Inherent in the code is the fundamental concept that the nurse subscribes to the 
democratic values to which our country is committed. 

233 



Code of Laws of South Carolina 

■' With reference to the following statements, the profession recognizes that a pro- 
fessional code cannot cover in detail all the activities and relationships of nurses, some 
of which are conditioned by personal philosophies and beliefs. 

a. The fundamental responsibility of the nurse is to conserve life and to promote 
heahh. 

b. The professional nurse must not only be adequately prepared to practice, but 
can maintain professional status only by continued reading, study, observation, and 
investigation. 

c. When a patient requires continuous nursing service, the nurse must remain with 
the patient until assured that adequate relief is available. 

d. The religious beliefs of a patient must be respected. 

e. Professional nurses hold in confidence all personal information entrusted to them. 

f. A nurse recommends or gives medical treatment without medical orders only 
in emergencies and reports such action to a physician at the earliest possible moment. 

g. The nurse is obligated to carry out the physician's orders intelligently, to avoid 
misunderstanding or inaccuracies by verifying orders, and to refuse to participate in 
unethical procedures. 

h. The nurse sustains confidence in the physician and other members of the health 
team; incompetency or unethical conduct of associates in the health professions 
should be exposed, but only to the proper authority. 

i. The nurse has an obligation to give conscientious service and in return is entitled 
to just remuneration. 

j. A nurse accepts only such compensation as the contract, actual or implied, 
provides. A professional worker does not accept tips or bribes. 

k. Professional nurses do not permit their names to be used in connection with 
testimonials in the advertising of products. 

1. The Golden Rule should guide the nurse in relationships with members of the 
other professions and with nursing associates. 

m. The nurse in private life adheres to standards of personal ethics which reflect 
credit upon the profession. 

n. In personal conduct nurses should not knowingly disregard the accepted pattern 
of behavior of the community in which they live and work. 

o. The nurse as a citizen understands and upholds the laws and as a professional 
worker is especially concerned with those laws which aflfect the practice of medicine 
and nursing. 

p. A nurse should participate and share responsibility with other citizens and health 
professions in promoting efforts to meet the health needs of the public — local, state, 
national, and international. 

q. A nurse recognizes and performs the duties of citizenship, such as voting and 
holding office when eligible; these duties include an appreciation of the social, economic, 
and political factors which develop a desirable pattern of living together in a community. 

4.3. A Code for Practical Nurses, adopted 1956, by the Association of Licensed Prac- 
tical Nurses of South Carolina, Inc. 

a. To maintain high standards of integrity and character. 

b. To be loyal to supervisors and faithful to patients. 

c. To keep abreast of the advances and changes in practical nursing by study and 
observation. 

d. To respect religious beliefs of patients. 

e. To hold in confidence all information entrusted to one. 

f. To perform all duties to the best of one's ability and with the patient's interest 
and welfare in mind at all times. 

g. To accept compensation approved, and not to bow to bribes of any kind. 

h. To intelligently fulfill the orders of the physician or the registered nurse in charge, 
i. To participate in activities promoting better health needs of the public. 
j. To perform duties as an L.P.N, with respect and consideration for one's fellow 
nurse, as one would wish in return. 

Regulation No. 5 — Nursing as Defined by the Board Includes Professional and Practical 
Nursing: 
5.1. Professional Nursing: The practice of professional nursing means the perform- 
ance for compensation of any act in the observation, care, and counsel of the ill, in- 
• jured, or infirm, or in the maintenance of health or prevention of illness of others, or 
in the supervision and teaching of other personnel, or the administration of medications 
and treatments as prescribed Ijy a licensed physician or licensed dentist: reqiiiring sub- 
stantial specialized judgment and skill as based on knowledge and application of the 
principles of biological, physical, and social sciences The foregoing shall not be deemed 

234 



Rules and Regulations 

to include acts of diagnosis or prescription of therapeutic or corrective measures. (Amend- 
ment to this Item filed July 24. I960.) 

5.2. Practical Nursing: The practice of practical nursing means the performance for 
compensation of selected acts in the care of the ill, injured, or infirm under the direction 
of a registered professional nurse, a licensed physician or a licnsed dentist; and not 
requiring the substantial specialized skill, judgment, and knowledge required in pro- 
fessional nursing. The foregoing shall not be deemed to include acts of diagnosis or 
prescription of therapeutic or corrective measures. 

Regulation No. 6 — Explanation of Terms Used: 

The State Board of Nursing for South Carolina is hereinafter referred to as the 
"Board". The word "Nursing" means professional nursing and/or practical nursing. "Reg- 
istrant" applies to professional nurse certification; and "Licensee" applies to practical 
nurse certification. The Board issues a certificate as "Registered Nurse", and a certificate 
as "Licensed Practical Nurse". 

Regulation No. 7 — Fees: 

Fees to be paid by applicants for certificate as registered nurse or as licensed prac- 
tical nurse under provisions of Sections 56-983, 56-985, 56-994, 56-995, 56-1003, and 56- 
1005, and other fees under Section 56-967 shall be amounts as shown on the following 
schedule effective July 1, 1959. 

7.1. Application for certificate as registered by examination $ 25.00 

7.2. Application for certificate as registered nurse by endorsement 25.00 

7.3. Application for re-examination for certificate as registered nurse 25.00 

7.4. Certificate of renewal of license to practice as a registered nurse, annual fee 3.00 

7.5. Reinstatement of lapsed certificate of renewal of license to practice as a 

registered nurse 5.00 
(Reinstatement fee, $5.00 plus current renewal fee $3.00 — Total $8.00) 

7.6. Application for certificate as licensed practical nurse by examination .... 15.00 

7.7. Application for certificate as licensed practical nurse by endorsement .... 15.00 

7.8. Application for re-examination for certificate as licensed practical nurse . 15.00 

7.9. Certificate of renewal of license to practice as a licensed practical nurse, 

annual fee 3.00 

7.10. Reinstatement of lapsed certificate of renewal of license to practice as a 

licensed practical nurse 5.00 

(Reinstatement fee, $5.00 plus current renewal fee $3.00 — Total $8.00) 

7.1 1. Duplicate record per page 1.00 

7.12. No refund of fees will be made. 

Regulation No. 8 — Recording Name of Registrant or Licensee: 

An individual is issued a certificate in his legal name as verified. Should the name 
be changed after the certificate has been issued, a notification of the change must be 
accompanied by a copy of the document which shows authorization for the change. No 
name can be changed on a record in the office of the Board without legal authorization 
for the change. 

Regulation No. 9 — Duplicate of a Certificate of Renewal of License: 

A duplicate of a certificate of renewal of license issued by this Board may be se- 
cured by a registrant or licensee upon submission of a fee and a written statement of 
reason for the request, which reason proves satisfactory to the Board. Adequate identi- 
fication of the person requesting the duplicate shall be submitted. 

Regulation No. 10 — Certificates Issued: 

The Board issues two types of certificates which certify proof of demonstrated 
ability to practice nursing: A certificate as registered nurse is issued to a graduate of 
an accredited school of nursing: and a certificate as licensed practical nurse is issued to 
a graduate of an accredited or approved course in practical nursing. Each such certificate 
is issued on a ba<:is of verification of required qualifications and successful achievement 
on a recognized licensing examination for each type of certificate. 

Regulation No. 11 — Evprn'riations Le^diner to Certificate as Registered Nurse and as 
Licensed Practical Nurse r 56-982, 56-9^3, 56-9Q?, 56-993. and 56-1003.) 

11.1. Examinations for certificate as registered ntirse and as licensed practical nurse 
are held in Columbia in the fall of the year, and at other times as necessary. A standard 
score of not l^'^s than 350 on e^rh tes«^ included in the examination is required for passing 
and for onalifyine for a ce'-tificate 

11.2. Examinations leadine to the certificate as registered nurse are based upon in- 
formation and judgment needed in nursing sanations, and candidates are examined also 

235 



Code of Laws of South Carolina 

on the social, physical, and biological sciences as they apply to medical, surgical, ob- 
stetric, and psychiatric nursing and nursing of children. Only those candidates who have 
completed an approved program of instruction and concurrent experience in psychiatric 
nursing are eligible to write the test in this subject area. 

11.3. Requirements for admission to the examination leading to a certificate as reg- 
istered nurse include: 

a. A notarized application on a form provided by the Board. Applications for the 
examination must be filed not later than twenty-one days prior to the scheduled date 
of an examination. An individual completing the program within the twenty-one-day 
period after the deadline for filing application, shall file as directed, and on the date 
that the program is completed, the school submits a supplemental record showing work 
completed during this period. 

b. Two photographs IVz" x 2" signed and dated. 

c. An application fee of $25.00. 

d. Age — at least twenty years (Filing of birth certificate required). 

e. Citizen of the United States or legal declaration of intention of becoming a 
citizen. A naturalized citizen or non-citizen is required to produce proof of citizenship or 
first papers. (Amendment to this Item filed July 24, 1960.) 

f. Good physical and mental health. 

g. Good moral character. 

h. Graduation from an accredited high school or the equivalent as determined by 
the Board. 

i. Completion of all requirements of and graduation from an accredited school of 
nursing. 

11.4. Examinations leading to certificate as licensed practical nurse are based upon 
information and judgment expected of the practical nurse in nursing situations, and 
candidates are examined on any or all phases of the instructional and supervised prac- 
tice program completed in an approved course in practical nursing. 

11.5. Requirements for admission to the examination leading to a certificate as li- 
censed practical nurse include: 

a. A notarized application on form provided by the Board. Applications must be 
filed not later than twenty-one days prior to the scheduled date of an examination. An 
individual completing the program within the twenty-one day period after the deadline 
for filing application shall file application as directed, and on the date that the program 
is completed, the head of the practical nursing course will submit a supplemental record 
showing work completed during this period. 

b. Two photographs, size 1>^" x 2", signed and dated. 

c. An application fee of $15.00. 

d. Age — at least twenty years (Filing of birth certificate required). 

e. Citizen of the United States or legal declaration of becoming a citizen. A natural- 
ized citizen or non-citizen is required to produce proof of citizenship or first papers. 
(Amendment to this item filed July 24, 1960.) 

f. Good physical and mental health. 

g. Good moral character. 

h. Two years or more of work in an accredited high school, or the equivalent as 
determined by the Board on a basis of results of standardized tests. 

i. Graduation from an accredited course in practical nursing, or the equivalent as 
determined by the Board. 

11.6. In case of failure to pass an examination the applicant shall have the privilege 
of re-examination upon application and on payment of the fee as stated in Regulation 
No. 7. 

a. A candidate failing to attain a standard score of 350 or above on any one of the 
tests in the examination has not qualified for a certificate, and to do so must rewrite 
and pass the test or tests failed. 

b. One who has failed to pass the licensing examination should file with the Board 
the application and fee for rewriting the examination upon receipt of the report of 
failure to pass. 

c. One who has failed to pass the licensing examination may secure added experience 
and pursue study in the area(s) and subject(s) failed, and thus prepare to rewrite test(s) 
that she failed to pass. 

d. An applicant who has not rewritten and passed an examination failed prior to 
January 1, 1954 is required to write all tests in the examination currently in use at the 
time of rewriting. 

236 



Rules and Regulations 

Regulation No. 12 — Application for Certificate — Registrant and Licensee from Other 
Jurisdiction (56-967, 56-981, 56-986, 56-995). 

12.1. An applicant for certificate as registered nurse or as licensed practical nurse 
without examination, who holds a certificate for practice in another jurisdiction in this 
country must show that requirements of this Board are met. Requirements for such 
certificate include: 

a. A notarized application on form provided by this Board. 

b. Two photographs, size IJ^" x 2", signed and dated. 

c. An application fee — registered nurse, $25.00; licensed practical nurse, $15.00. 

d. Age, at least twenty years. 

e. Citizen of the United States or legal declaration of intention of becoming a citi- 
zen. A naturalized citizen or non-citizen must produce proof of citizenship or first papers. 

f. Good physical and mental health. 

g. Good moral character. 

h. Graduate of a school of nursing or course in practical nursing accredited by the 
accrediting authority of state in which located. General education and education for 
nursing is judged to be at a level required of graduates of schools of nursing or courses 
in practical nursing who are candidates for certificates. Records submitted with the ap- 
plication are evaluated on a basis of requirements of the State Board of Nursing for 
South Carolina in effect at the time of the applicant's registration in the other jurisdic- 
tion, and on a basis of experiences of the applicant since that time as related to present 
day requirements. 

i. Verification of authorization to practice as a registered nurse or as a licensed 
practical nurse in another jurisdiction, and that a certificate has been issued on a basis 
of a recognized licensing examination. A registrant or licensee, authorized as such later 
than December 31, 1957, must have attained a standard score of not less than 350 on each 
test included in the licensing examination. Tests on which scores fell below 350 must be 
rewritten and passed in order for the applicant to qualify for a certificate. (Amendment 
to this item filed July 24, I960.) 

12.2. An applicant for certificate as registered nurse or as licensed practical nurse 
who holds a certificate for practice in a jurisdiction outside of the continental United 
States must show that requirements of this Board are met. Requirements for such cer- 
tificate include: 

a. A notarized application on form provided by the Board. 

b. Two photographs, size 1^" x 2", signed and dated. 

c. An application fee — registered nurse, $25.00; licensed practical nurse, $15.00. 

d. Age, at least twenty years. 

e. Citizen of the United States or legal declaration of intention of becoming a citizen. 
Naturalized citizens or non-citizens must produce proof of citizenship or first papers. 

f. Good physical and mental health. 

g. Good moral character. 

h. General education and education for nursing at a level required of graduates of 
schools of nursing and of courses for practical nursing in South Carolina who are can- 
didates for certificates. This includes facility in reading, writing, and speaking the Eng- 
lish language; and skills and knowledge in current concepts and practices of nursing. 
An applicant whose preparation for nursing was secured outside of this country, and 
whose qualifications have been judged as satisfactory with the exception of those related 
to education for nursing, may qualify for a certificate by completing a supplemental 
course as prescribed by the Board to be covered in an accredited school of nursing or 
an accredited course in practical nursing, and upon completion of the course, writing the 
licensing examination. An applicant who is a graduate of a school or course of special 
excellence, and who has written and passed State Board Test Pool Examinations with 
no standard score less than 350 may not be required to take the supplemental course or 
to write the licensing examination. 

i. Verification of authorization to practice as a registered nurse or as a licensed 
practical nurse or comparable title. 

12.3. An applicant for certificate as registered nurse or as a licensed practical nurse 
who has qualified to write the licensing examination in another jurisdiction and whose 
individual qualifications meet requirements of this Board, may be admitted to the li- 
censing examination in this state provided requirements outlined under Regulations 11.3 
and 11.5 are met in the situation to which the respective regulation may apply. 
(Amendment to this item filed July 24, 1960.) 

Regulation No. 13 — ^Temporary Permit: 

Ap applicant for certificate as registered nurse, or as licensed practical nurse whose 
preliminary credentials have been approved and whose fee has been paid, may request a 
permit to practice nursing temporarily as prescribed (56-967). 

237 Volume 7 



Code; op Laws ov South Carouna 

13.1. A candidate for certificate as registered nurse or as licensed practical nurse by 
examination, who applies to write the examination for the first time, pays the fee, and 
whose credentials have been judged as satisfactory, may obtain a permit to practice 
nursing pending receipt of results of the examination for which the application was made. 

13.2. An applicant who has not qualified for a certificate by failing to pass the li- 
censing examination is not eligible for permit to practice nursing. She may apply to 
write the test(s) failed, and while awaiting the next scheduled examination she may 
secure added experience and pursue study in the area(s) of the examination that she 
failed. 

13.3. An applicant for a certificate as registered nurse or as a licensed practical 
nurse without examination (Refer to Regulation No. 12) who has filed appHcation, paid 
the fee, and has produced statement of authorization to practice in another jurisdiction, 
may be issued a permit to practice nursing in South Carolina pending completion and 
approval of application. A permit so issued shall authorize practice in the state without 
privilege of title or the use of abbreviation after name, and shall not exceed eight weeks. 

Regulation No. 14 — Annual renewal of license is required of registrants and licensees 
who practice as registered nurses and as licensed practical nurses (15-1005). 
14.1. Active status means the status with the Board of a registrant or licensee who 
has renewed her license for the current year. The annual renewal period conforms to 
the calendar year, and all renewal applications with fees should be filed on or before 
December 31. For those nurses who find it impossible to renew prior to this date, a 
period of grace which extends to February 28 is allowed. Failure to either renew the 
registration or license on or before February 28 subjects the individual to payment of 
the reinstatement fee plus the renewal fee for the current year. This is required for the 
registrant or licensee to bring her registration or license to active status with the Board. 
(Refer to Regulation No. 7, Fees.) (Amendment to this item filed July 24, 1960.) 

Regulation No. 15 — Inactive status may be requested by those who retire from nursing 
or leave the state (15-1006). 
15.1. Inactive status may be requested by a registrant or licensee who holds a current 
renewal certificate, and who retires from nursing or leaves the state. A registrant or 
licensee requesting inactive status must fill in a form provided by the Board giving full 
information regarding reason for the request. When the Board determines that the re- 
quest is valid, the individual is so notified and her name is placed on the inactive list. 
While retaining inactive status the nurse is not subject to payment of renewal fees and 
shall not practice nursing in South Carolina. Should she desire to return to the practice 
of nursing in the state, she must return the notice of inactive status, make application 
for a renewal certificate, and submit the renewal fee for the current year. 

Regulation No. 16 — The State Board of Nursing may revoke or suspend license for 
cause (56-1004). 
16.1. Reports of violations of the Act by registrants or licensees are investigated by 
the Board. When an investigation indicates that there is cause for revocation or sus- 
pension of a license, the registrant or licensee is given due notice and fair opportunity 
for hearing. Subject on appeal to review by courts of the state, the Board by majority 
vote, on a basis of evidence which shows proof of guilt, may suspend or revoke a license. 
Just cause for revocation or suspension may be: 

a. Felony. 

b. Gross immorality. 

c. Addiction to alcohol or drugs, and/or violation of the Federal or state laws or 
municipal ordinance relating to narcotic drugs. 

d. Violation of standards of professional practice. (Refer to Regulation 5.1, 5.2, 4.2 
and 4.3 for definitions of standards of professional practice.) ^ 

Regulation No. 17— Unlicensed practice (56-953, 56-981, 56-991). 

17.1. A registrant or licensee found guilty of any one of the following acts shall, 
subject to the court, be fined any sum not less than one hundred dollars nor more than 
two hundred dollars or imprisoned for a period of not less than thirty days nor more 
than ninety days, or both at the discretion of the court. 

a. The practice of nursing as a registered nurse or as a licensed practical nurse in 
South Carolina without a certificate issued by the State Board of Nursing. 

b. Failure to renew certificate of license to practice as required by the statute, 56- 
1005, and to practice as a registered nurse or as a licensed practical nurse during the 
time that the license has lapsed. 

c. The use of the abbreviation "R.N." or the abbreviation "L.P.N." after her name 
unless authorized by the Board so to do. 

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Rules and Regulations 

d. The use of such title, abbreviation, sign, card, or other device to indicate such 
person has authorization to such practice unless authorized so to do by this Board under 
provisions of the law governing nursing in South Carolina. 

Regulation No. 18 — Procedure for the Survey and Accreditation of Programs of Educa- 
tion for Nursing (56-1011, 56-1013, 56-1014, 56-1016, 56-1017, 56-1018). 
Explanation of Terms: Education for nursing may be centered in a hospital, a uni- 
versity or college; and for practical nursing, in a hospital or the public school system. 
For purposes of outlining survey and accreditation procedure, the term, "Educational 
Unit in Nursing" is used to apply to any one or all of the various types of programs. The 
State Board of Nursing for South Carolina is designated by law as the accrediting agency 
for programs in nursing and therefore the term "Accreditation" as here used means 
state accreditation. 

18.1. Definition of an Accredited Educational Unit in Nursing: An accredited edu- 
cational unit in nursing is one that has been evaluated and, on a basis of the appraisal, 
has been judged by the State Board of Nursing as one which is meeting requirements 
of the statute and regulations of the State Board of Nursing. 

18.2. Purpose of Accreditation: The purpose of the accreditation process is to assist 
educational units in nursing to attain excellence in their programs of preparation of in- 
dividuals for the practice of nursing, and to designate to the public those schools and 
courses which give evidence of preparation of competent practitioners and which merit 
recognition of the Board. 

18.3. Method of Approach: The accreditation procedure is designed with an objec- 
tive of helping educational units in nursing to plan and evaluate their own resources, 
goals, progress, and methods of operation. The State Board of Nursing judges an edu- 
cational unit on the basis of the competence of its faculty, its methods of self-evaluation, 
its accomplishments to date, its present degree of excellence, the use that it is making 
of resources, and potentialities for further development. 

18.4. Faculty Evaluation: The faculty should from time to time, at regular inter- 
vals, assess the program in light of objectives that it has agreed upon. What evidence 
is there that: 

a. The stated purpose of the educational unit is a worthy and realistic one? 

b. The program of instruction is geared toward fulfillment of the stated purpose? 

c. The faculty as a group and as individuals are in accord with the stated philos- 
ophy? 

d. Each member of the faculty is fitted professionally and personally to perform 
functions that have been defined for her? 

e. Each member of the faculty is prepared and willing to play her role in evaluating 
and developing further the needed improvements in the educational program? 

f. Students selected for admission to the educational unit in nursing possess demon- 
strated ability and a level of maturity necessary to carry successfully the educational 
program that has been designed for them? 

g. The general and clinical facilities are suitable for a dynamic educational program 
in nursing, and that proper use is made of resources? 

h. Graduates of the educational unit in nursing are gainfully employed in positions in 
which they are making a worthwhile contribution, and from which they are deriving 
satisfaction? 

18.5. Survey: The survey of the educational unit in nursing is an evaluation tool which 
operates throughout the year, and the process includes the collection and interpretation 
of data, consultation and, observations and information at the time of the annual visit. The 
visitor reviews the data with administrative officers of the educational unit at the time of 
the visit, and later presents information in summary form to the State Board of Nursing 
for its appraisal. Visits may be made at times other than annually either upon request 
of the unit or as the need may arise. 

18.6. Status Assigned to an Educational Unit in Nursing: The Accredited status 
assigned may be Accreditation, Initial Accreditation, or Conditional Accreditation. 

a. Accreditation: When in the opinion of the State Board of Nursing, based upon 
data presented, reviewed and evaluated, the unit is operating in accordance with standards 
established by the Board, the unit is assigned a status of Accreditation and the name is 
placed on the list published by the Board. 

b. Conditional Accreditation: When deficiencies are found in an established program 
of education for nursing, its resources, or operational policies, the institution is so in- 
formed and this information constitutes a warning. A stated period of time is then given 
the educational unit in which to correct the defects which have been pointed out. The 
period of time designated is determined on a basis of the nature and seriousness of the 
defect. When standards are not raised in accordance with requirements of the Board 

239 



Code OS Laws of South Carolina 

within the period of time stated, the unit is then assigned a status of Conditional Accredita- 
tion and so listed. A unit assigned this status is allowed a period of time up to one year 
from the date of notification in which to evaluate its standards to a level acceptable to 
the Board. Should this not be accomplished within the year, the name of the educational 
unit in nursing is then removed from the accredited list published by the Board. When 
an educational unit has been designated as conditionally accredited, approval for further 
admission of students to the unit is denied until such time as it may produce evidence that 
there is a reasonable chance for the correction of deficiencies before the end of the 
designated period. After an educational unit has been either warned or notified of a change 
in accreditation status, the authorities of the controlling institution have full privilege 
of appearing before the Board and stating their position. 

c. Initial Accreditation: An institution desiring to develop an educational unit in 
nursing must first request advice of the State Board of Nursing in regard to basic 
essentials for developing and operating such a unit. Also at this time, a written 
statement of reason for desiring to establish an educational unit in nursing, and 
of financial and clinical resources must be submitted. A representative of the Board will 
then visit the institution and appraise its resources in relation to a program of nursing. 
When on a basis of information presented and reviewed by the Board, it has determined 
that the situation is appropriate for the establishment of a sound educational unit in 
nursing, the institution is so advised and is furnished with forms on which to make 
application for permission to start an educational unit in nursing. A status of Initial 
Accreditation is then assigned to the unit and it is so listed. This status is continued 
while there is evidence of sound operation and growth for a length of time sufificient to 
give assurance of a secure and educationally sound development. At a time determined by 
the Board, the unit is advised that it may make application for full accreditation. (Amend- 
ment to this item filed July 24, 1960.) 

Regulation No. 19 — Basic Standards to be met by an Educational Unit in Nursing for Ac- 
creditation by the State Board of Nursing for South Carolina. 

19.1. A sound organizational structure and good administrative practices. 

19.2. Financial resources sufficient to give assurance of stability of program, edu- 
cational resources, and qualified administrative and instructional personnel. 

19.3. The controlling institution is fully accredited by the appropriate approving 
agency: a hospital licensed by the Hospital Licensing Division of the State Board of 
Health of South Carolina, and accredited by the Joint Commission on Accreditation of 
Hospitals; a college or university approved by the Southern Association of Colleges and 
Secondary Schools; and a public school system approved by the South Carolina State 
Department of Education to offer a program in practical nursing. 

19.4. A sound educational philosophy stated in terms which express convictions of the 
controlling authority and the faculty of the educational unit in regard to the need for high 
standards of practice and for high standards of preparation for the practice of nursing. 

19.5. A definitive statement of purpose. 

19.6. A curriculum built upon sound educational principles, one which reflects the 
stated philosophy and purpose of the educational unit regarding sound preparation for 
nursing, and which assures an appropriate balance of classwork and nursing practice 
throughout the program. 

19.7. Sound methods and systematic practices of evaluating success of the educational 
program in terms of its stated purposes. 

19.8. Established policies regulating the grading system, testing program, class and 
experience attendance, promotion, and graduation. 

19.9. A faculty organization which functions in accordance with rules which provide 
regular meetings and committee activity directed toward advancing the aims of the 
educational unit in nursing. 

19.10. Faculty members with preparation for teaching in areas in which they are 
employed to function, and suflficient in number appropriate to the design of the program 
and the size of student enrollment. 

19.11. Employment conditions and aids to faculty growth which are in line with 
current practices. 

19.12. Written job descriptions for instructional personnel which show evidence of 
activities appropriate to good teaching in the classroom and in the clinical nursing practice 
situation. 

19.13. Standards for the admission of students which include a testing program and 
selective devices which give assurance of a choice of students appropriate to the require- 
ments of the educational program. 

19.14. A program of student guidance and personnel practices which permit a balance 
of class work, study, clinical experience, recreation, and rest. 

240 



Rules and Regulations 

19.15. Where dormitories are provided, housing facilities and their supervision are 
conducive to health, recreation, and gracious Hving. 

19.16. Offices, class rooms, laboratories, and library are properly located, and are 
adequate in furnishings and resources for the size of the educational unit and type of 
program. 

19.17. Hospital and agency resources where student experiences are secured are such 
that nursing service practices and physical facilities are conducive to good learning 
experiences in nursing. 

Regulation No. 20 — Approval for Change in Program Required: 

No statement contained in Regulation No. 18 or 19, or subheadings therein, is to be 
interpreted to mean that any educational unit in nursing (school of nursing or course in 
practical nursing) in existence at the time these regulations become effective, or thereafter, 
has permission to change the length, design or pattern of its present program as approved 
by this Board. Should an educational unit desire to change the length, design or pattern 
of its program, the administrative authority of the unit must first submit a written 
detailed description of the proposed plan to the State Board of Nursing for its evalua- 
tion. The unit must secure the approval of the State Board of Nursing for the change 
before it is put into operation. In order to secure approval for the change as referred to, 
the unit should present data based upon principles of sound education for nursing which 
gives full justification for the change. 

Regulation No. 21 — Experimental Programs: 

The State Board of Nursing is interested in experimentation which is directed toward 
finding ways of improving instructional methods, general administrative practices, and 
other phases of the program of education for nursing. An educational unit in nursing 
wishing to conduct an experiment of this nature must proceed in accordance with the 
following steps. 

21.1. Consult a representative of the State Board of Nursing for a discussion of ideas 
that the faculty may have regarding the proposal to conduct an experimental program. 

21.2. Prepare a written proposal including the following information: 

a. A clear statement of the objectives of the proposed project. 

b. A statement giving information as to the name and qualifications of the person 
who will be responsible for the direction of the experimental process and its evaluation. 

c. Give information as to the anticipated cost of the experiment, and the source of 
funds to be used. 

d. Give evidence that the experiment will be conducted on a scientific basis with 
accurate and full recording and periodic reporting. 

e. Give full information as to the evaluative methods to be used. 

f. Include a statement of the estimated period of time needed to conduct and con- 
clude the project. 

21.3. The written proposal must be presented to the State Board of Nursing for its 
review and approval before such a proposed plan is activated. 

21.4. Consult frequently with the State Board of Nursing and present periodic progress 
reports. 

21.5. Present a detailed report of the experiment at its conclusion, such report to 
include a statement of the faculty regarding its opinion as to the value of the plan and its 
merits for continuation. 

21.6. The State Board of Nursing will consider recommendations contained in the 
final report, and on a basis of all available information, will make a decision as to the 
worth of the plan for continuation. 

Regulation No. 22 — New Educational Unit in Nursing: 

The following steps must be taken by an institution which desires to establish an 
educational unit in nursing in presenting evidence that it is prepared to meet standards 
prescribed by law and by the Board. 

a. Request the advice of the State Board of Nursing for South CaroHna as to basic 
essentials for establishing and maintaining an educational unit in nursing. 

b. Submit a written statement of reason for desiring to establish an educational unit 
in nursing. 

c. Submit a written statement of financial and clinical resources for the proposed 
program. 

d. Request a survey visit from the State Board of Nursing for South Carolina. 

e. File an application for permission to start the development of an educational unit 
in nursing when so advised by the State Board of Nursing. 

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Code of Laws of South Carouna 

Regulation No. 23 — Equivalency — Preparation for Practical Nursing: 

(56-993) An approved or accredited course in practical nursing shall constitute a pro- 
gram of instruction and related practice covering a period of twelve months or the 
equivalent thereof as determined by the Board. Such equivalent shall include, but not be 
limited to, partial preparation in an accredited school of nursing plus instruction in 
ethical conduct and practical nursing functions incorporated in the early part of the 
practical nursing curriculum and other courses and practice assignments as to be de- 
termined to be necessary for the individual on a basis of records of achievement, tests and 
personal data. No credit can be given for a course taken by mail or for experience 
gained through employment. 

Optometry, Board of Examiners in. 

Adopted by the South Carolina Board of Examiners in Optometry. 

Pursuant to § 50-1058, S. C. Code of 1952. 
(Filed in office of Secretary of State Sept. 9, 1954.) 

RULES OF PRACTICE 

A. No licensed optometrist shall willfully violate the optometry law or the Optometry 
Board rulings of the State of South Carohna. 

B. No licensed optometrist when usuig the doctor title shal